[2017] KEHC 104 (KLR)
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...
Source-derived case information.
- Citation
- [2017] KEHC 104 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Mesheti Esho
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Mesheti Esho
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 his being put on his defence.
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.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 29/11/2017 for defence.
Full Case Text
Judgment text and source record
15 paragraphs
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