[2025] KEHC 5368 (KLR)

[2025] KEHC 5368 (KLR)

The court, after considering the evidence of the four prosecution witnesses and the written submissions of the accused, found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered that the accused be put on his defence to answer the charges brought against him.

Citation
[2025] KEHC 5368 (KLR)
Parties
Applicant: Republic; Defendant: Silas Siboye Ambuka
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Criminal Case 2 of 2021
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused put on his defence.
Judges
JN Kamau
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
English
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Case Brief

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Parties

Republic

Applicant

Silas Siboye Ambuka

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

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

Ratio Decidendi

The court, after considering the evidence of the four prosecution witnesses and the written submissions of the accused, found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered that the accused be put on his defence to answer the charges brought against him.

Court Disposition

Accused put on his defence.

Orders

  • The accused is hereby put on his defence.