[2017] KEHC 7306 (KLR)

[2017] KEHC 7306 (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 give her defence as provided by law. The ruling is limited to the determination of whether the...

Source-derived case information.

Citation
[2017] KEHC 7306 (KLR)
Parties
Applicant: Republic; Defendant: Karen Chepkorir Koech
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 133 of 2010
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused to be put on her defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Karen Chepkorir Koech

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 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 give her defence as provided by law. The ruling is limited to the determination of whether the prosecution's evidence meets the threshold to put the accused on her defence, not a determination of guilt.

Court Disposition

Accused to be put on her defence.

Orders

  • The accused shall give her defence to the charge of murder.