[2021] KEHC 7028 (KLR)
The court, after reviewing the evidence adduced by the prosecution through six witnesses, found that a prima facie case had been established against the accused. Therefore, the accused is required to be put on his defence as per the requirements of the law governing criminal trials in Kenya.
Source-derived case information.
- Citation
- [2021] KEHC 7028 (KLR)
- Parties
- Applicant: Republic; Defendant: Lkiteku Lekarato
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 11 of 2018
- Procedural Posture
- Murder Trial / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Legal Topics
- Murder, Criminal Procedure, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lkiteku Lekarato
Defendant
Procedural Posture
Murder Trial / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court, after reviewing the evidence adduced by the prosecution through six witnesses, found that a prima facie case had been established against the accused. Therefore, the accused is required to be put on his defence as per the requirements of the law governing criminal trials in Kenya.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
MURDER CASE NO. 11 OF 2018
REPUBLIC..............................................................................PROSECUTOR
VERSUS
LKITEKU LEKARATO.................................................................ACCUSED
RULING
1. The accused is charged with offence of Murdercontrary toSection 203 as read with Section 204 of Penal Code Cap. 63 Laws of Kenya.
2. He pleaded not guilty and prosecution called 6 witnesses and closed the prosecution case.
3. The court is called to decide or determine on whether he has a case to answer to warrant accused to be put in his defence.
4. After going through the evidence on record I find that the accused has a case to answer.
Dated, Signedand Deliveredat NYAHURURUthis13thday of May,2021.
………………………………..
CHARLES KARIUKI
JUDGE