[2016] KEHC 2451 (KLR)

[2016] KEHC 2451 (KLR)

The court, after evaluating the evidence of the eight prosecution witnesses, found that the prosecution had established 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 does not make a finding on guilt but...

Source-derived case information.

Citation
[2016] KEHC 2451 (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, after evaluating the evidence of the eight prosecution witnesses, found that the prosecution had established 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 does not make a finding on guilt but merely determines that there is sufficient evidence to call upon the accused to answer the charge.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.
  • Defence hearing scheduled for 13/12/2016.