[2010] KEHC 3482 (KLR)

[2010] KEHC 3482 (KLR)

The court found that the prosecution, having called six witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. This finding requires the accused to be put on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore informed the accused...

Source-derived case information.

Citation
[2010] KEHC 3482 (KLR)
Parties
Applicant: Republic; Defendant: Teresia Ncororo
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 68 of 2007
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused put on her defence.
Judges
MM Kasango
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Defence Rights
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Defence Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Teresia Ncororo

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 putting her on her defence.

Ratio Decidendi

The court found that the prosecution, having called six witnesses, had adduced sufficient evidence to establish a prima facie case against the accused. This finding requires the accused to be put on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore informed the accused of her rights to address the court, give evidence, make an unsworn statement, and call witnesses in her defence.

Court Disposition

Accused put on her defence.

Orders

  • The accused is put on her defence and informed of her rights under section 306(2) of the Criminal Procedure Code.