[2017] KEHC 156 (KLR)
The court found that the prosecution, having called eight 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 required by law when the prosecution's case meets the threshold for a case...
Source-derived case information.
- Citation
- [2017] KEHC 156 (KLR)
- Parties
- Applicant: Republic; Defendant: Edward Kimutai Ngetich
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 128 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- 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
Applicant
Edward Kimutai Ngetich
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, having called eight 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 required by law when the prosecution's case meets the threshold for a case to answer. The court therefore directed the accused to give his defence to the charge of murder.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 29/11/2017 for defence hearing.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 128 OF 2014
REPUBLIC...............................................................................STATE
VERSUS
EDWARD KIMUTAI NGETICH....................................ACCUSED
RULING
The accused EDWARD KIMUTAI NGETICHfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called eight (8) witnesses in support of their case. I have considered the evidence of 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 the charge.
Mr. Obutu holding brief for Mr. Magata
Mr. Chigiti for DPP
Court– Hearing on 29/11/2017 for defence hearing. Hearing notice to issue to Mr. Magata.
Maureen A. Odero
Judge
13/10/2017