[2017] KEHC 322 (KLR)
The court found that the prosecution's evidence, as presented by three witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was called upon to enter his defence as required by law. The ruling did not address the merits of the defence or...
Source-derived case information.
- Citation
- [2017] KEHC 322 (KLR)
- Parties
- Applicant: Republic; Defendant: Wycliff Obuchere
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and 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
Wycliff Obuchere
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented by three witnesses, was sufficient to establish a prima facie case against the accused for the offence of murder. Consequently, the accused was called upon to enter his defence as required by law. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but was limited to determining whether the prosecution had met the threshold to proceed beyond the close of its case.
Court Disposition
Accused found to have a case to answer and ordered to give his defence.
Orders
- The accused shall give his defence.
- 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. 1 OF 2014
REPUBLIC..........................................STATE
VERSUS
WYCLIFF OBUCHERE.............ACCUSED
RULING
The accused WYCLIFF OBUCHEREfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.
The prosecution called three (3) witnesses in support of their case. 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.
Mr. Obutu for accused
Court– Hearing on 30/11/2017 for defence.
Maureen A. Odero
Judge
13/10/2017