[2017] KEHC 186 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter her defence as provided by law. The ruling does not determine guilt but confirms that the...
Source-derived case information.
- Citation
- [2017] KEHC 186 (KLR)
- Parties
- Applicant: Republic; Defendant: Janet Nyaboke Isack
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused to be put on her defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Janet Nyaboke Isack
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter her defence as provided by law. The ruling does not determine guilt but confirms that the prosecution's evidence meets the threshold to proceed to the next stage of the trial.
Court Disposition
Accused to be put on her defence.
Orders
- The accused shall give her defence to the charge of murder.
- Defence hearing scheduled for 13/9/2017.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 8 OF 2014
REPUBLIC...................................................................PROSECUTOR
VERSUS
JANET NYABOKE ISACK................................................ACCUSED
RULING
The accused JANET NYABOKE ISACKfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called total of seven (7) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I do therefore direct that the accused shall give her defence to the charge.
Dated in Nakuru this 30th day of June, 2017.
Court– Hearing on 13/9/2017 for defence hearing.
Maureen A. Odero
Judge