[2016] KEHC 7020 (KLR)
The court found that the prosecution, having called six witnesses and presented its evidence, established a prima facie case against the accused, Zablon Chacha alias Pastor, for the murder of John Kerario Mosabi. The evidence on record was deemed sufficient to require the accused to be put on his defense in...
Source-derived case information.
- Citation
- [2016] KEHC 7020 (KLR)
- Parties
- Applicant: Republic; Defendant: Zablon Chacha alias Pastor
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defense
- Judges
- AC Mrima
- Legal Topics
- Murder Trial, 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
Zablon Chacha alias Pastor
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 require him to be put on his defense.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and presented its evidence, established a prima facie case against the accused, Zablon Chacha alias Pastor, for the murder of John Kerario Mosabi. The evidence on record was deemed sufficient to require the accused to be put on his defense in accordance with the law. The court therefore ruled that the accused must answer to the charge and present his defense.
Court Disposition
accused put on his defense
Orders
- The accused is 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. 7 OF 2014
REPUBLIC ...........................................................................................................PROSECUTOR
VERSUS
ZABLON CHACHA alias PASTOR.......................................................................... ACCUSED
RULING
On 01/07/2010, the Accused herein ZABLON CHACHA alias PASTORwas charged with the murder of one JOHN KERARIO MOSABI.
He pleaded not guilty and thereafter the hearing of the case commenced. The prosecution called a total of six witnesses in its bid to prove the charge against the Accused person.
This Court has perused the record and the evidence tendered. It is a fact that the said JOHN KERARIO MOSABI lost his life and in view of the available evidence on record this Court is satisfied that the prosecution has established a prima facie case against the Accused person to warrant him be placed on his defense.
The Accused herein is accordingly put on his defense.
DATED, DELIVERED and SIGNED at MIGORI this 28th day of
January, 2016.
A.C. MRIMA
JUDGE