[2013] KEHC 4974 (KLR)

[2013] KEHC 4974 (KLR)

The court found that the evidence presented by the prosecution, if believed, is sufficient to establish a prima facie case against the accused. Therefore, the accused is required to make his defence as per the provisions of the Criminal Procedure Code. The ruling does not acquit the accused but moves the trial to...

Source-derived case information.

Citation
[2013] KEHC 4974 (KLR)
Parties
Applicant: Republic; Defendant: Alexander Mwangi Kariuki
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 7 of 2007
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Outcome
The accused is found to have a case to answer and is called upon to make his defence.
Legal Topics
Prima Facie Case, Burden of Proof, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Burden of Proof Criminal Trial Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Alexander Mwangi Kariuki

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.

Ratio Decidendi

The court found that the evidence presented by the prosecution, if believed, is sufficient to establish a prima facie case against the accused. Therefore, the accused is required to make his defence as per the provisions of the Criminal Procedure Code. The ruling does not acquit the accused but moves the trial to the next stage, where the accused will have the opportunity to present his defence to the charges brought against him.

Court Disposition

The accused is found to have a case to answer and is called upon to make his defence.

Orders

  • The accused is hereby called upon to make his defence.