[2017] KEHC 7624 (KLR)
The court found that the prosecution had established a prima facie case against the accused, William Chacha Magige, after considering the evidence of three witnesses. This warranted the accused being put on his defense as required by law when the prosecution's evidence is sufficient to require an answer from the...
Source-derived case information.
- Citation
- [2017] KEHC 7624 (KLR)
- Parties
- Applicant: Republic; Defendant: William Chacha Magige
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defense.
- Judges
- AC Mrima
- Legal Topics
- Murder Charge, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
William Chacha Magige
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 him being put on his defense.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, William Chacha Magige, after considering the evidence of three witnesses. This warranted the accused being put on his defense as required by law when the prosecution's evidence is sufficient to require an answer from the accused.
Court Disposition
Accused put on his defense.
Orders
- The accused person is hereby put on his defense.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 20 OF 2014
(Formerly Kisii High Court Criminal Case No. 112 of 2011)
REPUBLIC ...................................PROSECUTOR
VERSUS
WILLIAM CHACHA MAGIGE........... ACCUSED
RULING
1. WILLIAM CHACHA MAGIGE faced an information on the murderof JACKSON MOGENDI MWITA.That was before Hon. R. Lagat Korir J. in the High Court at Kisii in Criminal Case No. 112 of 2011 on 15/12/2011.
2. The accused person denied the charge and thereafter the case was transferred to this Court for hearing. The prosecution called a total of three witnesses in its bid to prove the charge against the Accused person.
3. This Court has carefully perused the record and the evidence tendered and it is satisfied that the prosecution has established a case against the Accused person to warrant him be placed on his defense.
4. Consequently the Accused person herein be and is hereby put on his defense.
DELIVERED, DATEDandSIGNED at MIGORI this 16th day of February 2017.
A. C. MRIMA
JUDGE