[2017] KEHC 179 (KLR)

[2017] KEHC 179 (KLR)

The court found that the prosecution, having called twelve witnesses, has adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if believed, would support a conviction. Therefore, the accused is required to give his defence in accordance...

Source-derived case information.

Citation
[2017] KEHC 179 (KLR)
Parties
Respondent: Republic; Defendant: Jackson Gatimu Makanya
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 4 of 2015
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Outcome
Accused found to have a case to answer; ordered to give 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

Respondent

Jackson Gatimu Makanya

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 his being put on his defence.

Ratio Decidendi

The court found that the prosecution, having called twelve witnesses, has adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if believed, would support a conviction. Therefore, the accused is required to give his defence in accordance with the law.

Court Disposition

Accused found to have a case to answer; ordered to give defence.

Orders

  • The accused shall give his defence to the charge of murder.