[2017] KEHC 131 (KLR)
The court found that the prosecution's evidence, as presented through ten witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as provided by law. The ruling does not determine guilt but confirms that the...
Source-derived case information.
- Citation
- [2017] KEHC 131 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Mureu Kimani
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 64 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Mureu Kimani
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented through ten witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as provided by law. The ruling does not determine guilt but confirms that the prosecution has met the threshold to proceed to the next stage of the trial.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 19/1/2018 for defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 64 OF 2013
REPUBLIC................................................STATE
VERSUS
BENARD MUREU KIMANI.............ACCUSED
RULING
The accused BERNARD MUREU KIMANI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called ten (10) witnesses in support of their case. Having considered the evidence on record I am satisfied that a prima facie case has been proved. I therefore direct that the accused shall give his defence to the charge.
Dated this 17th day of November, 2017.
Ms Gikonyo holding brief for Ms Njeri Njagua
Court – Hearing on 19/1/2018 for defence.
Maureen A. Odero
Judge