[2025] KEHC 1075 (KLR)
The court found that, upon careful consideration of the evidence presented by the six prosecution witnesses, a prima facie case had been established against the accused. This finding warranted that the accused be put on his defence in accordance with the requirements of criminal procedure, as the evidence was...
Source-derived case information.
- Citation
- [2025] KEHC 1075 (KLR)
- Parties
- Applicant: Republic; Defendant: Maxwell Jaika Adembesa
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Judges
- JN Kamau
- 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
Applicant
Maxwell Jaika Adembesa
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 being put on his defence.
Ratio Decidendi
The court found that, upon careful consideration of the evidence presented by the six prosecution witnesses, a prima facie case had been established against the accused. This finding warranted that the accused be put on his defence in accordance with the requirements of criminal procedure, as the evidence was sufficient to call for an answer from the accused. The absence of written submissions from both parties did not detract from the sufficiency of the prosecution's evidence at this stage.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Adembesa (Criminal Case 17 of 2021) [2025] KEHC 1075 (KLR) (28 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1075 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 17 of 2021
JN Kamau, J
February 28, 2025
Between
Republic
Prosecutor
and
Maxwell Jaika Adembesa
Accused
Ruling
1. This matter was partly heard by P.J Otieno J. This court became seized of the same on 11th June 2024. The parties asked it to proceed from where the matter had reached.
2. On 19th February 2025, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
3. Both parties did not file Written Submissions on the question of whether or not the Accused person had a case to answer. They both relied on the evidence that had been adduced by the Prosecution witnesses.
4. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF FEBRUARY 2025J. KAMAUJUDGE