[2016] KEHC 1433 (KLR)
The court found that the prosecution had adduced sufficient evidence through nine witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give her defence to the charge as per the requirements of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2016] KEHC 1433 (KLR)
- Parties
- Respondent: Republic; Defendant: Veronicah Mwihaki
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 112 of 2003
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused to be put on her defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Veronicah Mwihaki
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through nine witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give her defence to the charge as per the requirements of the Criminal Procedure Code.
Court Disposition
Accused to be put on her defence.
Orders
- The accused shall give her defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 112 OF 2003
REPUBLIC ................................. RESPONDENT
VERSUS
VERONICAH MWIHAKI .................. ACCUSED
RULING
The accused VERONICAH MWIHAKI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of nine (9) witnesses in support of their case. I have considered the evidence on record. I am satisfied that a prima faciecase had been established. The accused will give her defence to the charge.
Dated in Nakuru this 11th day of November, 2016.
Maureen A. Odero
Judge
Court – Hearing on 3/2/2017 for defence hearing.
Maureen A. Odero
Judge