[2009] KEHC 3338 (KLR)

[2009] KEHC 3338 (KLR)

The court found that the evidence adduced by the prosecution, when considered in light of the relevant provisions of the Criminal Procedure Code, was sufficient to establish a prima facie case against the accused. Consequently, the accused was required to be placed on his defence in accordance with Section 306(2) of...

Source-derived case information.

Citation
[2009] KEHC 3338 (KLR)
Parties
Applicant: Republic; Defendant: Henry Njue Albert
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Murder Case 1 of 2007
Procedural Posture
Murder Case / Ruling on Case to Answer
Outcome
Accused placed on his defence.
Judges
J Karanja
Legal Topics
Murder Trial, Prima Facie Case, Case to Answer, Criminal Procedure
Source Language
en
Criminal Law Murder Trial Prima Facie Case Case to Answer Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Henry Njue Albert

Defendant

Procedural Posture

Murder Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.

Ratio Decidendi

The court found that the evidence adduced by the prosecution, when considered in light of the relevant provisions of the Criminal Procedure Code, was sufficient to establish a prima facie case against the accused. Consequently, the accused was required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code.

Court Disposition

Accused placed on his defence.

Orders

  • The accused is placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code.