[2014] KEHC 1433 (KLR)

[2014] KEHC 1433 (KLR)

The court found that the prosecution, having called thirteen witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence as per the requirements of the Criminal Procedure Code. The court therefore...

Source-derived case information.

Citation
[2014] KEHC 1433 (KLR)
Parties
Applicant: Republic; Defendant: Carlos Muli Kimeu
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 12 of 2012
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused put on his defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Trial Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Carlos Muli Kimeu

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

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

Ratio Decidendi

The court found that the prosecution, having called thirteen witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence as per the requirements of the Criminal Procedure Code. The court therefore directed the accused to give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.

Court Disposition

Accused put on his defence.

Orders

  • The accused shall give a defence to the charge.