[2017] KEHC 210 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses 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 210 (KLR)
- Parties
- Respondent: Republic; Defendant: David Kipkorir Kilel
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused found to have a case to answer; ordered to give his 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
David Kipkorir Kilel
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 had adduced sufficient evidence through five witnesses 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's evidence meets the threshold to call for a defence under the applicable legal standards.
Court Disposition
Accused found to have a case to answer; ordered to give his defence.
Orders
- The accused shall give his defence.
- Defence hearing scheduled for 19/10/2017.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 85 OF 2012
REPUBLIC
VERSUS
DAVID KIPKORIR KILEL......................ACCUSED
RULING
The accused DAVID KIPKORIR KILEL faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called a total of five (5) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I direct that the accused shall give his defence
Ms Langat holding brief for Ms Karimi
Mr. Chigiti for DPP
Court – Defence hearing on 19/10/2017
Maureen A. Odero
Judge