[2019] KEHC 7850 (KLR)
The court found that the prosecution's evidence, particularly the eyewitness testimony of the deceased's daughter and the recovery of the alleged murder weapon at the scene, was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence to answer to...
Source-derived case information.
- Citation
- [2019] KEHC 7850 (KLR)
- Parties
- Applicant: Republic; Defendant: Hillary Maritim
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Murder Case 12 of 2015
- Procedural Posture
- Criminal Murder / Ruling on Prima Facie Case Under Section 210 of the Criminal Procedure Code
- Outcome
- Accused to be put on his defence.
- Judges
- JK Mulwa
- 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
Hillary Maritim
Defendant
Procedural Posture
Criminal Murder / Ruling on Prima Facie Case Under Section 210 of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the eyewitness testimony of the deceased's daughter and the recovery of the alleged murder weapon at the scene, was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence to answer to the charge of murder as provided by section 210 of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is called upon to defend himself and answer to the charges.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT ATNAKURU
CRIMINAL (MURDER) CASENO. 12 OF 2015
REPUBLIC...............................PROSECUTOR
-VERSUS-
HILLARY MARITIM......................ACCUSED
RULING PURSUANT TO SECTION 210 OF THE CRIMINAL PROCEDURE CODE
I have evaluated the prosecution evidence on record.
A daughter of the deceased PW1 testified to have been present on the fateful day, the 21st February 2015 when the accused, her brother and another brother who is at large hit their father on the head with a walking stick and dragged him into the house when he was bleeding profusely.
The alleged murder weapon was recovered at the scene. I find that the evidence by the prosecution witnesses to be sufficient to call upon the accused to defend himself and answer to the charges.
It is so ordered.
Dated, signed and delivered this 27th day of March 2019.
J.N. MULWA
JUDGE