[2021] KEHC 2542 (KLR)
The court found that, based on the totality of the prosecution's evidence, particularly the medical evidence, a prima facie case had been established against the accused. The court held that the evidence presented was sufficient to require the accused to be placed on his defence, as required by law at this stage of...
Source-derived case information.
- Citation
- [2021] KEHC 2542 (KLR)
- Parties
- Applicant: Republic; Defendant: David Keter Malakwen
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Judges
- HK Chemitei
- 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
Applicant
David Keter Malakwen
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Ratio Decidendi
The court found that, based on the totality of the prosecution's evidence, particularly the medical evidence, a prima facie case had been established against the accused. The court held that the evidence presented was sufficient to require the accused to be placed on his defence, as required by law at this stage of the proceedings. The court emphasized that it was not making a determination on the merits of the case but only deciding whether the prosecution's evidence met the threshold to call for a defence.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 12 OF 2016
REPUBLIC............................................................PROSECUTOR
VERSUS
DAVID KETER MALAKWEN...................................ACCUSED
RULING
1. The accused herein was charged with the offence of Murder contrary to section 203 as read with section 204 of the penal code. The victim was one Mercy Chepngetich. The prosecution called a total of 7 witnesses.
2. At the end of the prosecution’s case the court ordered that the parties do file written submissions which they have complied. The court has perused the same with the authorities cited.
3. At this juncture the court is not expected to go into much details of the matter but simply to establish whether a prima facie case has been established against the accused.
4. Taking the totality of the facts of this case as presented by the prosecution witnesses especially the medical evidence tendered this court is of the considered opinion that a prima facie case has been established against the accused.
5. Consequently, let him be placed on his defence.
Dated signed and delivered via video link at Nakuru this 4th day of November 2021.
H .K. CHEMITEI
JUDGE