[2017] KEHC 163 (KLR)
The court found that the prosecution had adduced sufficient evidence through its 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 does not determine guilt but merely finds that the...
Source-derived case information.
- Citation
- [2017] KEHC 163 (KLR)
- Parties
- Applicant: Republic; Defendant: Leah Wairimu Wanjie
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused to be put on her defence.
- Judges
- JV Juma
- 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
Leah Wairimu Wanjie
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 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 its 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 does not determine guilt but merely finds that the evidence presented, if uncontroverted, could support a conviction, thus necessitating the defence to be heard.
Court Disposition
Accused to be put on her defence.
Orders
- The accused shall give her defence to the charge of murder.
- Hearing set for 26/1/2018 for defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 16 OF 2013
REPUBLIC...............................................................................STATE
VERSUS
LEAH WAIRIMU WANJIE.............................................ACCUSED
RULING
The accused LEAH WAIRIMU WANJIE faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called eight (8) witnesses in support of their case. I have considered the evidence on record and I am satisfied that a prima facie case has been established. I direct that the accused shall give her defence to the charge.
Dated in Nakuru this 10th day of November, 2017.
Ms Chemgetich for accused
Mr. Motende for DPP
Court – Hearing on 26/1/2018 for defence. Mention on 14/12/2017.
MAUREEN A. ODERO
JUDGE