[2015] KEHC 1549 (KLR)

[2015] KEHC 1549 (KLR)

The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court...

Source-derived case information.

Citation
[2015] KEHC 1549 (KLR)
Parties
Applicant: Republic; Defendant: Samuel Kipkoech Rono
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Case 25 of 2013
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Outcome
Accused placed on his defence.
Legal Topics
Murder Charge, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Charge Prima Facie Case Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Samuel Kipkoech Rono

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.

Ratio Decidendi

The court found that the prosecution, having called six witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage but only ruled on the sufficiency of the prosecution's evidence to proceed further.

Court Disposition

Accused placed on his defence.

Orders

  • The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.