[2022] KEHC 1869 (KLR)
The court found that the prosecution, having called nine witnesses, has established a prima facie case against the accused for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused must be...
Source-derived case information.
- Citation
- [2022] KEHC 1869 (KLR)
- Parties
- Applicant: Republic; Defendant: Kelvin Nyabuto Osiemo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- accused to be placed on his defence
- 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
Kelvin Nyabuto Osiemo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, has established a prima facie case against the accused for the offence of murder. The evidence on record is sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused must be placed on his defence to answer to the charge of murder as provided under Section 306(2) of the Criminal Procedure Code.
Court Disposition
accused to be placed on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 6 OF 2019
REPUBLIC................................................................PROSECUTOR
VERSUS
KELVIN NYABUTO OSIEMO........................................ACCUSED
RULING
1. The accused herein was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.The particulars are that he murdered one Mathew Kiprop Rono on the 29th January 2019at Kongasis village Gilgil Sub County.
2. The prosecution called a total of 9 witnesses. The court has perused their evidence and it is of the considered view that there has been established a prima facie case against the accused.
3. Consequently, let him be placed on his defence.
Dated signed and delivered via video link at Nakuru this 3rd day of March 2022.
H K CHEMITEI.
JUDGE