[2023] KEHC 27092 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses, a prima facie case had been established against the accused persons. This finding warranted that the accused be put on their defence in accordance with the requirements of the Criminal Procedure Code. The court was satisfied that...
Source-derived case information.
- Citation
- [2023] KEHC 27092 (KLR)
- Parties
- Applicant: Republic; Defendant: Nelson Okonda Anyula; Defendant: Boaz Kweya Onyando
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nelson Okonda Anyula
Defendant
Boaz Kweya Onyando
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses, a prima facie case had been established against the accused persons. This finding warranted that the accused be put on their defence in accordance with the requirements of the Criminal Procedure Code. The court was satisfied that the prosecution's evidence, if believed, could support a conviction, and thus the matter should proceed to the defence stage.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Anyula & another (Criminal Case 48 of 2021) [2023] KEHC 27092 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27092 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 48 of 2021
JN Kamau, J
December 19, 2023
Between
Republic
State
and
Nelson Okonda Anyula
1st Accused
Boaz Kweya Onyando
2nd Accused
Ruling
1. This matter was part heard before Musyoka J. This court became seized of this matter on 22nd March 2023 and parties asked it to proceed from where the matter had reached.
2. On 17th July 2022, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
3. The State did not file any Written Submissions on the question of whether or not the Accused persons had a case to answer and relied on the evidence that had been adduced by the Prosecution witnesses. On their part, the Accused persons filed their undated Written Submissions on the said issue on 22nd September 2023.
4. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused persons herein to warrant them being put on their Defence. They are hereby put on their defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 19TH DAY OF DECEMBER 2023J. KAMAUJUDGE