[2022] KEHC 9938 (KLR)
The court, after reviewing the evidence of seven prosecution witnesses, found that the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence. The absence of submissions from the prosecution did not negate the...
Source-derived case information.
- Citation
- [2022] KEHC 9938 (KLR)
- Parties
- Applicant: Republic (Director of Public Prosecutions); Defendant: Enock Tabiro alias Moses Nandwa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to enter his defence.
- Judges
- PJO Otieno
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (Director of Public Prosecutions)
Applicant
Enock Tabiro alias Moses Nandwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court, after reviewing the evidence of seven prosecution witnesses, found that the prosecution had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence. The absence of submissions from the prosecution did not negate the sufficiency of the evidence presented. Accordingly, the accused was found to have a case to answer and was called upon to enter his defence.
Court Disposition
Accused found to have a case to answer and ordered to enter his defence.
Orders
- The accused is found to have a case to answer.
- The accused is called upon to enter his defence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic (DPP) v Tabiro (Criminal Case 40 of 2017) [2022] KEHC 9938 (KLR) (1 July 2022) (Ruling)
Neutral citation: [2022] KEHC 9938 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 40 of 2017
PJO Otieno, J
July 1, 2022
Between
Republic (DPP)
Prosecution
and
Enock Tabiro alias Moses Nandwa
Accused
Ruling
1. On June 15, 2021 the prosecution was unable to avail their last witness and he court deemed the prosecution’s case closed and called for written submissions on whether or not the prosecution had established a prima facie case to merit the accused being placed on his defence.
2. Pursuant to those directions the accused filed submissions dated July 12, 2021 on July 19, 2021 but the prosecution did not file any submissions.
3. I have had the benefit of reading the proceedings taken before Njagi, J., recording evidence from seven (7) witnesses, and in my assessment the evidence establishes a case that merits the accused putting up his defence. I find accused has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 1ST DAY OF JULY 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mboozo for the StateNo appearance for Mr. Ondieki for the AccusedCourt Assistant: Kulubi