[2017] KEHC 143 (KLR)
The court found that the prosecution's evidence, as presented through four witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence in accordance with the law. The ruling does not determine guilt but confirms...
Source-derived case information.
- Citation
- [2017] KEHC 143 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kiplangat Masiba
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 99 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; ordered to give his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kiplangat Masiba
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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's evidence, as presented through four witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence in accordance with the law. The ruling does not determine guilt but confirms that the prosecution has met the threshold to proceed to the next stage of the trial.
Court Disposition
Accused found to have a case to answer; ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing set for 23rd June 2017.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 99 0F 2013
REPUBLIC.........................................................................PROSECUTOR
VERSUS
JOSEPH KIPLANGAT MASIBA.............................................ACCUSED
RULING
The accused JOSEPH KIPLANGAT MASIBA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.The prosecution called total of four (4) (witnesses) in support of their case.
I have considered the evidence availed by the prosecution witnesses. I am satisfied that a prima facie case has been established. Therefore I direct that the accused shall give his defence to this charge.
Mr. Ouma for accused
Dated and Delivered in Nakuru this 13th day of April, 2017.
Court - Hearing 23/6/2017 for defence hearing
Mention on 19/5/2017
MAUREEN A. ODERO
JUDGE