[2017] KEHC 272 (KLR)
The court found that the prosecution had adduced sufficient evidence through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give her defence as provided by law. The ruling does not determine guilt but confirms that the...
Source-derived case information.
- Citation
- [2017] KEHC 272 (KLR)
- Parties
- Respondent: Republic; Defendant: Rebecca Jeptum Koima
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused put on her 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
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Parties
Republic
Respondent
Rebecca Jeptum Koima
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 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 through seven witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give her defence as provided by law. The ruling does not determine guilt but confirms that the prosecution's evidence meets the threshold to call for a defence under the relevant statutory provisions.
Court Disposition
accused put on her defence
Orders
- The accused shall give her defence to the charge of murder.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 65 OF 2014
REPUBLIC...................................................................STATE
VERSUS
REBECCA JEPTUM KOIMA...........................ACCUSED
RULING
The accused REBECCA JEPTUM KOIMA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of seven (7) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give her defence to this charge.
Dated and Delivered in Nakuru this 27th day of March, 2017
Mr Ooge holding brief for Mr. Magata
Mr. Chigiti for State
Maureen A. Odero
Judge