[2021] KEHC 5164 (KLR)
The court found that the prosecution's evidence, if left unchallenged, was sufficient to establish a prima facie case against the accused. The judge clarified that establishing a prima facie case does not equate to proof beyond reasonable doubt but is sufficient to require the accused to be put on his defence....
Source-derived case information.
- Citation
- [2021] KEHC 5164 (KLR)
- Parties
- Respondent: Republic; Defendant: Alex Mwendo John
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 158 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Alex Mwendo John
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, if left unchallenged, was sufficient to establish a prima facie case against the accused. The judge clarified that establishing a prima facie case does not equate to proof beyond reasonable doubt but is sufficient to require the accused to be put on his defence. Consequently, the accused was called upon to elect one of the three options available under section 211 of the Criminal Procedure Code for his defence.
Court Disposition
accused put on his defence
Orders
- The accused is put on his defence under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 158 OF 2017
(FORMERLY MACHAKOS HCCRC 7 OF 2019)
REPUBLIC.................................PROSECUTION
-VERSUS-
ALEX MWENDO JOHN.....................ACCUSED
RULING ON CASE TO ANSWER
1. I have perused and considered the evidence of the prosecution on record.
2. I have also considered the submissions of the counsel for the accused person on whether the prosecution has established a prima facie case against the accused to justify the court put the accused person on his defence. I note that the prosecution has relied on the evidence on record.
3. A prima facie case is not the same thing as proof of a case beyond any reasonable doubt. A prima facie case is a case where a court of law properly directing itself on the evidence on record, may convict.
4. I find that in the present case, with the evidence on record, the prosecution has established a prima facie case against the accused person herein. I so find and proceed to put the accused person herein on his defence.
5. I will thus proceed to explain to the accused person the three (3) options available to him in his defence under section 211 of the Criminal Procedure Code (cap 75).
Delivered, signed & dated this 13th day of July 2021, in open court at Makueni.
……………………………….
GEORGE DULU
JUDGE