Kenya Judgment

High Court · High Court at Nakuru

Republic v Joel Mesheti Esho [2017] KEHC 104 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the prosecution, having called ten witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directs that the accused shall give his defence to the charge of murder as provided under the relevant provisions of the Penal Code and Criminal Procedure Code.

Court disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.
  • Hearing set for 29/11/2017 for defence.

02

Material facts

Parties

Republic

Applicant

Joel Mesheti Esho

Defendant Counsel: Mr. Nyaribo

03

Procedural history

  1. Posture

    Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing

04

Questions and positions

Legal issues

Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.

Party arguments

Applicant
The prosecution presented evidence through ten witnesses to establish that the accused committed the offence of murder as charged under the Penal Code.
Respondent
The defence has not yet presented its case; arguments from the accused will be made at the defence hearing.

05

Court’s reasoning

  1. 01

    Section 306 of the Criminal Procedure Code; Section 203 and 204 of the Penal Code

    A prima facie case is established when the evidence adduced by the prosecution is sufficient to require the accused to make a defence.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the prosecution, having called ten witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore directs that the accused shall give his defence to the charge of murder as provided under the relevant provisions of the Penal Code and Criminal Procedure Code.

Court disposition

Accused to be put on his defence.

  • The accused shall give his defence to the charge of murder.
  • Hearing set for 29/11/2017 for defence.

Source and reliance status

High Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

High Court

Judgment

[2017] KEHC 104 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NO. 52 OF 2013

REPUBLIC.................................................................STATE

VERSUS

JOEL MESHETI ESHO.....................................ACCUSED

RULING

The accused JOEL MESHETI ESHOfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.

The prosecution called ten (10) witnesses in support of their case. I have considered the evidence of 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 the charge.

Mr. Nyaribo for accused

Court– Hearing on 29/11/2017 for defence.

Maureen A. Odero

Judge

13/10/2017

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Section 203 Penal Code

Legislation

Legislation referenced in the available case record.

Section 204 Penal Code

Legislation

Legislation referenced in the available case record.

Section 306 Criminal Procedure Code

Legislation

Legislation referenced in the available case record.

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