[2017] KEHC 196 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2017] KEHC 196 (KLR)
- Parties
- Applicant: Republic; Defendant: Lesire Ole Kipees
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 96 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- 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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lesire Ole Kipees
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 5/5/2017 for defence.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 96 OF 2009
REPUBLIC ......................................STATE
VERSUS
LESIRE OLE KIPEES ............ACCUSED
RULING
The accused LESIRE OLE KIPEES faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of seven (7) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I direct that the accused shall give his defence to the charge.
Court – hearing on 5/5/2017 for defence.
Dated and delivered this 7th day of April, 2017
Maureen A. Odero
Judge