[2013] KEHC 4470 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Bora Njei, for the offence of murder. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the accused is required to give his defence in accordance with...
Source-derived case information.
- Citation
- [2013] KEHC 4470 (KLR)
- Parties
- Respondent: Republic; Defendant: Bora Njei
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; ordered to give defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bora Njei
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 had adduced sufficient evidence to establish a prima facie case against the accused, Bora Njei, for the offence of murder. The evidence presented, if believed, would be sufficient to support a conviction. Therefore, the accused is required to give his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused, Bora Njei, shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Case 1 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC …………….……………………..…..……………………. PROSECUTION
VERSUS
BORA NJEI……………………….. …………….…….….…………………….ACCUSED
RULING
The accused BORA NJEI has been charged with MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. As such I do hereby direct that the accused shall give his defence to the charge.
Dated and delivered in Mombasa this 19th day of March, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Onjoro for Accused
Court Clerk Mutisya
Court:
Defence on 10th April, 2013.
M. ODERO
JUDGE
19TH MARCH, 2013
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