[2015] KEHC 5472 (KLR)
The court found that the prosecution, through the testimony of eight witnesses and expert evidence, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on her defence in accordance with Section 306 of the Penal Code. The court therefore ruled...
Source-derived case information.
- Citation
- [2015] KEHC 5472 (KLR)
- Parties
- Applicant: Republic; Defendant: Salome Masitsa Keyari
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 96 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on her defence; case to answer found
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Salome Masitsa Keyari
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
- 2 Whether the evidence presented meets the threshold under Section 306 of the Penal Code for a case to answer.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses and expert evidence, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on her defence in accordance with Section 306 of the Penal Code. The court therefore ruled that the accused has a case to answer and must proceed to present her defence.
Court Disposition
accused put on her defence; case to answer found
Orders
- The accused is found to have a case to answer and is put on her defence in accordance with Section 306 of the Penal Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 96 OF 2012
REPUBLIC………………………………………….PROSECUTOR
VERSUS
SALOME MASITSA KEYARI……. …..........……………. ACCUSED
RULING
The accused, Salome Masitsa Keyari is charged with murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 19th day of November, 2012 at Makongeni EstateinMakadara DistrictwithinNairobi Countymurdered Geoffrey Situma Nalika. She denied the charge when arraigned in court on 3rd December, 2012 and was remanded in custody.
From the testimony of the eight prosecution witnesses including the expert evidence tendered in this trial, I have come to the conclusion that the prosecution has made out a prima facie case against the accused. She has a case to answer and is put on her defence in accordance with Section 306 of the Penal Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 26th day of March, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
…………………………….: Accused
…………………………….: For the accused
…………………………….: For the State