[2016] KEHC 6318 (KLR)

[2016] KEHC 6318 (KLR)

The court found that the evidence adduced by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling did not...

Source-derived case information.

Citation
[2016] KEHC 6318 (KLR)
Parties
Applicant: Republic; Defendant: Alfred Kipyegon Ng'eno
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Case 27 of 2010
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
accused placed on his defence
Judges
HI Ong'udi
Legal Topics
Murder Charge, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Charge Prima Facie Case Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Alfred Kipyegon Ng'eno

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.

Ratio Decidendi

The court found that the evidence adduced by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but was limited to determining whether the prosecution's evidence met the threshold to require the accused to answer to the charge.

Court Disposition

accused placed on his defence

Orders

  • The accused is hereby placed on his defence under section 306(2) of the Criminal Procedure Code.