[2022] KEHC 12628 (KLR)
The court found that the prosecution had adduced evidence through two witnesses which, if believed, would be sufficient to establish a prima facie case against the accused for the murder of Ignitius Salim Shikoba Angachi. The evidence presented meets the threshold required under Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2022] KEHC 12628 (KLR)
- Parties
- Applicant: Republic; Defendant: Ali Ingosi Were
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ali Ingosi Were
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced evidence through two witnesses which, if believed, would be sufficient to establish a prima facie case against the accused for the murder of Ignitius Salim Shikoba Angachi. The evidence presented meets the threshold required under Section 306(2) of the Criminal Procedure Code for putting the accused on his defence. The court therefore ruled that the accused has a case to answer and should be called upon to present his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is found to have a case to answer.
- The accused is put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Were (Criminal Case 39 of 2015) [2022] KEHC 12628 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12628 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 39 of 2015
WM Musyoka, J
July 29, 2022
Between
Republic
Prosecution
and
Ali Ingosi Were
Accused
Ruling
1. The accused person is charged with the murder of Ignitius Salim Shikoba Angachi. The particulars are that on June 10, 2015, at Ebushikalye village, Bubokho sub-location, Butere district within Kakamega county, he murdered the said person.
2. From reading the material on record and having heard the two witnesses presented, I am persuaded that the prosecution has adduced evidence which establishes a prima facie case, upon which the accused person should be put on his defence. I find that he has a case to answer.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF JULY, 2022. WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Shifwoka, Advocate for the accused person.