[2009] KEHC 1969 (KLR)

[2009] KEHC 1969 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Ann Kathina Kaleve. Consequently, the accused is required to be put on her defence in accordance with the provisions of the Criminal Procedure Code. The decision is based on the assessment of the...

Source-derived case information.

Citation
[2009] KEHC 1969 (KLR)
Parties
Applicant: Republic; Defendant: Ann Kathina Kaleve
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Criminal Case 17 of 2007
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
The accused is found to have a case to answer and is put on her defence.
Judges
I Lenaola
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Ann Kathina Kaleve

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 her being put on her defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Ann Kathina Kaleve. Consequently, the accused is required to be put on her defence in accordance with the provisions of the Criminal Procedure Code. The decision is based on the assessment of the evidence on record, which meets the threshold for a case to answer at this stage of the criminal proceedings.

Court Disposition

The accused is found to have a case to answer and is put on her defence.

Orders

  • The accused shall be put on her defence.