[2025] KEHC 5775 (KLR)

[2025] KEHC 5775 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. As a result, the accused was required to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court refrained from providing detailed reasons for this decision to avoid creating the impression that it had predetermined the outcome before hearing the defence case.

Citation
[2025] KEHC 5775 (KLR)
Parties
Applicant: Republic; Defendant: Naomi Moraa Ogero
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
6 May 2025
Case Number
Criminal Case E027 of 2023
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused put on her defence.
Judges
JM Nang'ea
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
English
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Case Brief

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Parties

Republic

Applicant

Naomi Moraa Ogero

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 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 had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. As a result, the accused was required to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court refrained from providing detailed reasons for this decision to avoid creating the impression that it had predetermined the outcome before hearing the defence case.

Court Disposition

Accused put on her defence.

Orders

  • The accused is put on her defence to the charge of murder.