[2016] KEHC 187 (KLR)

[2016] KEHC 187 (KLR)

The court found that the prosecution had established a prima facie case against the accused, Victor Cheruiyot Langat, for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The evidence presented by ten prosecution witnesses was sufficient to require the accused to be put on...

Source-derived case information.

Citation
[2016] KEHC 187 (KLR)
Parties
Applicant: Republic; Defendant: Victor Cheruiyot Langat
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Appeal 52 of 2008
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Victor Cheruiyot Langat

Defendant

Procedural Posture

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

Legal Issues

  1. 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 had established a prima facie case against the accused, Victor Cheruiyot Langat, for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The evidence presented by ten prosecution witnesses was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused must give his defence to the charge, as required by law when a prima facie case is established at the close of the prosecution's case.

Court Disposition

Accused to be put on his defence.

Orders

  • The accused shall give his defence to the charge of murder.
  • Defence hearing set for 3rd February 2017.