[2017] KEHC 209 (KLR)

[2017] KEHC 209 (KLR)

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused. This finding compels the accused to be put on her defence as required by law. The court did not make a determination on guilt or innocence at this stage but only on...

Source-derived case information.

Citation
[2017] KEHC 209 (KLR)
Parties
Applicant: Republic; Defendant: Emmy Chelangat Kilel
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 45 of 2014
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Outcome
accused put on her defence
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Emmy Chelangat Kilel

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.

Ratio Decidendi

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused. This finding compels the accused to be put on her defence as required by law. The court did not make a determination on guilt or innocence at this stage but only on whether the evidence presented by the prosecution, if unchallenged, would warrant a conviction. The threshold for a prima facie case is not proof beyond reasonable doubt but rather whether there is evidence upon which a reasonable tribunal could convict if no explanation is offered by the accused. Accordingly, the accused is called upon to present her defence to the charge of...

Court Disposition

accused put on her defence

Orders

  • The accused shall give her defence to the charge of murder.
  • Defence hearing scheduled for 30/10/2017.