[2013] KEHC 2599 (KLR)
The court found that the prosecution, having called eight witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence. The court therefore directs that the accused shall give his defence to the...
Source-derived case information.
- Citation
- [2013] KEHC 2599 (KLR)
- Parties
- Respondent: Republic; Defendant: Michael Ribcke Roble
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Direction for Defence Hearing
- Outcome
- Accused found to have a case to answer; ordered to give 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Michael Ribcke Roble
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Direction for Defence Hearing
Legal Issues
- 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, having called eight witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence. The court therefore directs that the accused shall give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 2nd September, 2013.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 6 OF 2010
REPUBLIC………..…………………………………RESPONDENT
VERSUS
MICHAEL RIBCKE ROBLE……………….....…………..ACCUSED
JUDGMENT
The accused MICHAEL RIBCKE ROBLE faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by the learned state counsel called a total of eight (8) 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. As such I do hereby direct that the accused shall give his defence to this charge.
Dated this 14th day of August, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Jami for State
Mr. Obara h/b Mr. Onjoro for Accused
Court Clerk Mutisya
Court:
Defence hearing on 2nd September, 2013. Hering notice to Mr. Onjoro.
M. ODERO
JUDGE
14TH AUGUST, 2013