[2025] KEHC 9761 (KLR)

Parties

Procedural Posture

Criminal Case / Ruling on Case to Answer After Close of Prosecution Case

Legal Issues

1. 1 Whether the prosecution has established a prima facie case against the accused to warrant her being placed on her defence for the offence of murder.
2. 2 Whether the evidence adduced links the accused to the fatal injuries sustained by the deceased.
3. 3 Whether inconsistencies and contradictions in the prosecution's evidence create reasonable doubt at this stage.

Ratio Decidendi

The court held that at the close of the prosecution case, the standard is whether there is a prima facie case against the accused, not proof beyond reasonable doubt. The evidence established the death of the deceased, the cause of death as severe head injuries consistent with assault, and placed the accused at the scene with possible involvement in a fight with the deceased. Although the defence raised issues regarding the causal link between the accused's actions and the fatal injuries, and highlighted inconsistencies in the prosecution's case, the court found that there was some evidence connecting the accused to the circumstances of the killing. The court emphasized that a prima facie...

Court Disposition

Accused found to have a case to answer and placed on her defence.

Orders

• The accused, Nancy Kosgei, is found to have a case to answer and is placed on her defence.
• The accused is informed of her rights under Article 50(2)(i) and (k) of the Constitution and Section 306(2) as read with Section 307 of the Criminal Procedure Code to address the court, give evidence, or call witnesses in her defence.