[2017] KEHC 154 (KLR)
The court found that the prosecution's evidence, as presented by nine witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. The court was satisfied that the evidence met the threshold required to call upon the accused to enter his defence, as per the standards set...
Source-derived case information.
- Citation
- [2017] KEHC 154 (KLR)
- Parties
- Applicant: Republic; Defendant: Donald Kiptanui Yegon
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2011
- 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 Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Donald Kiptanui Yegon
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 by nine witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. The court was satisfied that the evidence met the threshold required to call upon the accused to enter his defence, as per the standards set out in the Criminal Procedure Code and relevant case law. The ruling does not determine guilt but merely finds that the prosecution has made out a case that requires an answer from the accused.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 9/6/2017.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 12 OF 2011
REPUBLIC....................................................STATE
VERSUS
DONALD KIPTANUI YEGON.............ACCUSED
RULING
The accused DONALD KIPTANUI YEGON faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE
. The prosecution called a total of nine (9) 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 therefore direct that the accused shall give his defence to this charge.
Dated and delivered in Nakuru this 7th day of April, 2017
Ms Chemngetich holding brief for Mr. Wambeyi
Court– Hearing on 9/6/2017 for defence hearing
Maureen A. Odero
Judge