[2017] KEHC 200 (KLR)
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. This finding requires the accused to be put on his defence in accordance with the law. The court did not make a determination on guilt or...
Source-derived case information.
- Citation
- [2017] KEHC 200 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Omwenga Tinga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 108 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused put on his defence
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Omwenga Tinga
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. This finding requires the accused to be put on his defence in accordance with the law. The court did not make a determination on guilt or innocence at this stage but held that the evidence adduced, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is called upon to present his defence as required by the Criminal Procedure Code.
Court Disposition
accused put on his defence
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 10/11/2017 for defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 108 OF 2014
REPUBLIC...........................................................STATE
VERSUS
VINCENT OMWENGA TINGA.................ACCUSED
RULING
The accused VINCENT OMWENGA TINGA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called eight (8) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to the charge.
Dated and delivered in Nakuru this 19th day of October, 2017.
Mr. Obutu for Accused
Mr. Chigiti for DPP
Court– Hearing on 10/11/2017 for defence.
Maureen A. Odero
Judge