[2022] KEHC 3300 (KLR)
The court found that, upon reviewing the testimonies of the prosecution witnesses (PW1 to PW5), the evidence presented was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2022] KEHC 3300 (KLR)
- Parties
- Respondent: Director of Public Prosecutions; Accused: Luka Esekiel Barasa alias Sipweche
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Respondent
Luka Esekiel Barasa alias Sipweche
Accused
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a 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, upon reviewing the testimonies of the prosecution witnesses (PW1 to PW5), the evidence presented was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
Prosecutions v Sipweche (Criminal Case 23 of 2019) [2022] KEHC 3300 (KLR) (8 July 2022) (Ruling)
Neutral citation: [2022] KEHC 3300 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 23 of 2019
WM Musyoka, J
July 8, 2022
Between
Director of Public Prosecutions
Respondent
and
Luka Esekiel Barasa alias Sipweche
Accused
Ruling
1. I have read through record, and I also heard the witnesses. Considering the testimonies of PW1, PW2, PW3, PW4 and PW5, I am persuaded that the Republic has adduced sufficient evidence to warrant the accused person being put on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 8th DAY OF July 2022W M MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by Office of Director of Public Prosecution, for the Republic