[2017] KEHC 3526 (KLR)

[2017] KEHC 3526 (KLR)

The court found that the prosecution, having called ten witnesses, 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 determine guilt but confirms that there is sufficient evidence on...

Source-derived case information.

Citation
[2017] KEHC 3526 (KLR)
Parties
Applicant: Republic; Defendant: Nemarau Ole Liaram
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 9 of 2014
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before 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 Trial Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Trial Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Nemarau Ole Liaram

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, having called ten witnesses, 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 determine guilt but confirms that there is sufficient evidence on record to require the accused to answer to the charge.

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.