[2016] KEHC 1163 (KLR)
The court, after considering the evidence of the ten prosecution witnesses and the written submissions from both parties, found that a prima facie case had been established against both accused persons. The court was satisfied that the evidence on record, if unchallenged, would warrant a conviction. Therefore, the...
Source-derived case information.
- Citation
- [2016] KEHC 1163 (KLR)
- Parties
- Appellant: Republic; Respondent: Patrick Mwasi; Respondent: John Mwanjewe Mdamu
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 8 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Patrick Mwasi
Respondent
John Mwanjewe Mdamu
Respondent
Procedural Posture
Criminal Appeal / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court, after considering the evidence of the ten prosecution witnesses and the written submissions from both parties, found that a prima facie case had been established against both accused persons. The court was satisfied that the evidence on record, if unchallenged, would warrant a conviction. Therefore, the accused persons were required to be put on their defence in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The 1st and 2nd accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL APPEAL NO 8 OF 2014
REPUBLIC
VERSUS
PATRICK MWASI................................................1ST ACCUSED
JOHN MWANJEWE MDAMU..........2ND ACCUSED PERSON
RULING
1. On 31stMarch 2016 the Prosecution closed its case after calling a total of ten (10) Prosecution witnesses.
2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer. Mr Mwinzi filed Written Submissions for both the 1st and 2nd Accused persons. The said Written Submissions dated 13th March 2016 and cases in support thereof were filed on even date. The State’s Written Submissions dated 9th June 2016 and cases in support of its case were filed on the same date.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused persons, the court was of the opinion that a prima facie case had been established against the 1st and 2ndAccused persons to warrant them being put on his Defence. They are hereby put on their defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 21STday of JUNE2016
J. KAMAU
JUDGE
In the presence of:-
Sirima……………………….. for State
Mwinzi ……………………….for Accused person
Simon Tsehlo– Court Clerk