[2017] KEHC 318 (KLR)

[2017] KEHC 318 (KLR)

The court found that the prosecution had adduced sufficient evidence through twelve witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence as provided by law. The ruling is limited to the sufficiency of the prosecution's...

Source-derived case information.

Citation
[2017] KEHC 318 (KLR)
Parties
Applicant: Republic; Defendant: Lepirasi Lesipiti
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 29 of 2013
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused to be put on his 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

Lepirasi Lesipiti

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 his being put on his defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence through twelve witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence as provided by law. The ruling is limited to the sufficiency of the prosecution's evidence at this stage and does not amount to a finding of guilt.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.
  • Defence hearing scheduled for 11th July 2017.