[2017] KEHC 103 (KLR)
The court found that the prosecution, having called seven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the provisions of the Criminal Procedure Code. The ruling does not...
Source-derived case information.
- Citation
- [2017] KEHC 103 (KLR)
- Parties
- Applicant: Republic; Defendant: Thomas Kipkoech Korir
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused to be put on 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
Thomas Kipkoech Korir
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
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 seven witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to enter his defence as per the provisions of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that the prosecution's evidence meets the threshold to proceed to the next stage of the trial.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 30/11/2017 for defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 59 OF 2013
REPUBLIC…………………………………….. STATE
VERSUS
THOMAS KIPKOECH KORIR ...……....ACCUSED
RULING
The accused THOMAS KIPKOECH KORIRfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called seven (7) witnesses in support of their defence. 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 his defence to the charge.
Mr. Obutu holding brief for Mr. Mongeri
Court– Hearing on 30/11/2017 for defence.
Maureen A. Odero
Judge
13/10/2017