[2017] KEHC 202 (KLR)
The court found that the prosecution, having called ten witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence as per the requirements of the Criminal Procedure Code. The court therefore directs...
Source-derived case information.
- Citation
- [2017] KEHC 202 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Koigi Sawe
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer; ordered to give his 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
Applicant
Stephen Koigi Sawe
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 his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, has established a prima facie case against the accused for the offence of murder. The evidence presented is sufficient to require the accused to be put on his defence as per the requirements of the Criminal Procedure Code. The court therefore directs the accused to give his defence to the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer; ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing set for 30/11/2017.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 121 OF 2013
REPUBLIC............................................STATE
VERSUS
STEPHEN KOIGI SAWE............ACCUSED
RULING
The accused STEPHEN KOIGI SAWEfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called ten (10) witnesses in support of their case. I have considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to this charge.
Mr. Obutu holding brief for Mr. Mongeri
Mr. Chigiti for DPP
Court– Hearing on 30/11/2017 for defence hearing.
Maureen A. Odero
Judge
13/10/2017