[2025] KEHC 9068 (KLR)

[2025] KEHC 9068 (KLR)

The court found that the prosecution, having called five witnesses, established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence, as mandated by Section 306(2) of the Criminal Procedure Code. The absence of written submissions from both parties did not affect the court's determination, as the decision was based on the totality of the prosecution's evidence. The court therefore ordered the accused to be put on his defence.

Citation
[2025] KEHC 9068 (KLR)
Parties
Applicant: Republic; Defendant: Samson Obbayi Andebe
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Judgment Date
26 June 2025
Case Number
Criminal Case E018 of 2023
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

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Samson Obbayi Andebe

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 found that the prosecution, having called five witnesses, established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence, as mandated by Section 306(2) of the Criminal Procedure Code. The absence of written submissions from both parties did not affect the court's determination, as the decision was based on the totality of the prosecution's evidence. The court therefore ordered the accused to be put on his defence.

Court Disposition

Accused put on his defence.

Orders

  • The accused is hereby put on his defence.