Republic v Joel Mesheti Esho [2017] KEHC 104 (KLR)
- Citation
- [2017] KEHC 104 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 52 of 2013
- Language
- English
More details
- Court
- High Court
- Panel
- JV Juma
- Case number
- Criminal Case 52 of 2013
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ApplicantJoel Mesheti Esho
Defendant Counsel: Mr. Nyaribo03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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
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