[2017] KEHC 211 (KLR)
The court found that the prosecution, having called seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was required to be put on his defence in accordance with the law. The court did not make any findings on the...
Source-derived case information.
- Citation
- [2017] KEHC 211 (KLR)
- Parties
- Applicant: Republic; Defendant: Gilshom Kahombi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 75 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Gilshom Kahombi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 seven witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was required to be put on his defence in accordance with the law. The court did not make any findings on the merits of the evidence at this stage but was satisfied that the threshold for a prima facie case had been met as per the applicable legal standards.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing to proceed on 1/1/2017.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 75 OF 2014
REPUBLIC
VERSUS
GILSHOM KAHOMBI ........ACCUSED
RULING
The accused GILSHOM KAHOMBI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called seven (7) 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 and I direct that the accused shall give his defence to the charge
Dated in Nakuru this 6th day of October, 2017
Ms Langat holding brief for Ms Wanjiru
Court – Defence hearing to proceed on 1/1/2017
Maureen A. Odero
Judge