[2017] KEHC 192 (KLR)
The court found that the prosecution's evidence, as presented through six witnesses, was sufficient to establish a prima facie case against the accused. This finding requires the accused to be put on her defence in accordance with the law. The court did not make any findings on the merits of the case at this stage...
Source-derived case information.
- Citation
- [2017] KEHC 192 (KLR)
- Parties
- Applicant: Republic; Defendant: Lucy Nyambura Muraya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 132 of 2014
- 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 Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lucy Nyambura Muraya
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's evidence, as presented through six witnesses, was sufficient to establish a prima facie case against the accused. This finding requires the accused to be put on her defence in accordance with the law. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a prima facie case had been met under the relevant statutory provisions.
Court Disposition
Accused to be put on her defence.
Orders
- The accused shall give her defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 132 OF 2014
REPUBLIC....................................................STATE
VERSUS
LUCY NYAMBURA MURAYA............ACCUSED
RULING
The accused LUCY NYAMBURA MURAYAfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called six (6) witnesses in support of their case. I have considered the evidence of the prosecution witnesses. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give her defence to the charge.
Ms Kerubo for accused.
Court– Hearing on 29/11/2017 for defence.
Maureen A. Odero
Judge
13/10/2017