[2017] KEHC 4390 (KLR)

[2017] KEHC 4390 (KLR)

The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged under section 203 of the Penal Code. Therefore, the accused must be placed on her defence to answer to the charge. The threshold for a prima facie case was met, as required...

Source-derived case information.

Citation
[2017] KEHC 4390 (KLR)
Parties
Applicant: Republic; Defendant: L N M alias C
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Case 35 of 2015
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
accused placed on her defence
Judges
AM Cockar
Legal Topics
Murder, Prima Facie Case, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

L N M alias C

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant her being placed on her defence.

Ratio Decidendi

The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged under section 203 of the Penal Code. Therefore, the accused must be placed on her defence to answer to the charge. The threshold for a prima facie case was met, as required by law, and the court was satisfied that the accused has a case to answer.

Court Disposition

accused placed on her defence

Orders

  • The accused is placed on her defence.