[2017] KEHC 3521 (KLR)
The court found that the prosecution had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law. The ruling is limited to the sufficiency of the...
Source-derived case information.
- Citation
- [2017] KEHC 3521 (KLR)
- Parties
- Applicant: Republic; Defendant: Hezekiah Njoroge Kanyake alias Viathe
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; ordered to give 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
Hezekiah Njoroge Kanyake alias Viathe
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 had adduced sufficient evidence through six witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law. The ruling is limited to the sufficiency of the prosecution's evidence at this stage and does not amount to a finding of guilt.
Court Disposition
Accused found to have a case to answer; ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 2/10/2017 for defence case.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 60 OF 2012
REPUBLIC............................................................PROSECUTOR
VERSUS
HEZEKIAH NJOROGE KANYAKE alias VIATHE.....ACCUSED
RULING
The accused HEZEKIAH NJOROGE KANYAKE faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called a total of six (6) 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 in Nakuru this 21st day of July, 2017
Mr. Terer holding brief for Mr. Keboga
Court– Hearing 2/10/2017 for defence. Hearing notice to Mr. Keboga.
Maureen A. Odero
Judge