[2014] KEHC 1111 (KLR)
The court found that, upon reviewing the prosecution's evidence, a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was put on his defence and reminded of his constitutional and statutory rights regarding the manner of his defence. The decision was based...
Source-derived case information.
- Citation
- [2014] KEHC 1111 (KLR)
- Parties
- Applicant: Republic; Defendant: Ben Kipyegon Birir
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 72 of 2008
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- Accused put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Murder Trial, Prima Facie Case, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ben Kipyegon Birir
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
Ratio Decidendi
The court found that, upon reviewing the prosecution's evidence, a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was put on his defence and reminded of his constitutional and statutory rights regarding the manner of his defence. The decision was based on the sufficiency of the prosecution's evidence to require an answer from the accused, in accordance with the standards set out in the Criminal Procedure Code and the Constitution.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence.
- The accused is reminded of his constitutional and statutory rights to give evidence on oath and be cross-examined, to give an unsworn statement, or to remain silent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 72 OF 2008
REPUBLIC........................................................................................PROSECUTOR
VERSUS
BEN KIPYEGON BIRIR.............................................................................ACCUSED
RULING
At the end of the prosecutions case, counsel for the accused submitted that the Prosecution had not established a prima facie case against the accused for the offence of murder. The Prosecuting Counsel submitted to the contrary.
I have now had the benefit of perusing the record and I am satisfied that the prosecution has established a prima facie case against the accused. I therefore put the accused to his defence. I remind him of his constitutional and statutory rights -
to give evidence on oath and be cross-examined, and to call witnesses,
to give an unsworn statement and be not subject to cross- examination,
to remain silent.
The accused is called upon to elect any of these rights through his Advocate.
Dated, signed and delivered at Nakuru this 10th day of October, 2014
M. J. ANYARA EMUKULE
JUDGE