[2016] KEHC 3792 (KLR)
Upon careful consideration of the charge and the evidence of the six prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2016] KEHC 3792 (KLR)
- Parties
- Appellant: Samuel Ochieng Ngada; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- AN Makau
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ochieng Ngada
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the six prosecution witnesses is sufficient to require the accused to answer the charge of murder.
Ratio Decidendi
Upon careful consideration of the charge and the evidence of the six prosecution witnesses, the court found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must proceed to present his defence to the charge of murder.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer under Section 306(2) of the Criminal Procedure Code and is accordingly put on his defence.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
HIGH COURT CRIMINAL CASE NO. 47 OF 2015
(CORAM: J. A. MAKAU – J.)
SAMUEL OCHIENG NGADA.......................... APPELLANT
VERSUS
REPUBLIC ..................................................... RESPONDENT
(Being a part heard murder case No. 33 of 2014 in Kisumu Law Court before Hon. Justice H.K. Chemitei – J.)
RULING
1. The accused is charged with an offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code of 63 laws of Kenya. The particulars of the offence are that on the 1st day of April 2014, at Bar Olengo Trading Centre, in Siaya District, within Siaya County, the accused murdered one Julius Onyango Omollo
2. The prosecution called six (6) prosecution witnesses upon which the defence through Mr. R. Otieno submitted that the accused has no case to answer and based his arguments on the evidence of the six prosecution witnesses.
3. The state through Mr. Ombati submitted the prosecution has established a prima facie case to warrant the accused being put on his defence.
4. I have very carefully considered the charge and evidence of the six (6) prosecution witnesses and upon giving the evidence due consideration, I have come to the conclusion that the accused has a case to answer. I therefore find that under provisions of Section 306 (2) of the Criminal Procedure code that the accused has a case to answer and is accordingly put on his defence.
DATED AT SIAYA THIS 24TH DAY OF MARCH, 2016.
J. A. MAKAU
JUDGE
DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH, 2016.
In the presence of:
Mr. Otieno for Accused
Mr. Ombati for State
Court Clerk – Kevin Odhiambo
Court Clerk – Mohammed Akideh
J. A. MAKAU
JUDGE