[2016] KEHC 2295 (KLR)

[2016] KEHC 2295 (KLR)

The court found that the prosecution had adduced sufficient evidence through eight 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 determination of whether the...

Source-derived case information.

Citation
[2016] KEHC 2295 (KLR)
Parties
Respondent: Republic; Defendant: Mohamed Ekadero Kebo
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 19 of 2014
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Outcome
Accused to be put on his defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Burden of Proof

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Parties

Republic

Respondent

Mohamed Ekadero Kebo

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing

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 eight 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 determination of whether the prosecution's case meets the threshold for the accused to be put on his defence, and the court is satisfied that this threshold has been met.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.