[2024] KEHC 2028 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions by the prosecution, a prima facie case had been established against the accused person. Therefore, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2024] KEHC 2028 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Omwanga Asitiba alias Sidi
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2022
- 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
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Omwanga Asitiba alias Sidi
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 to warrant him being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions by the prosecution, a prima facie case had been established against the accused person. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Asitiba (Criminal Case 6 of 2022) [2024] KEHC 2028 (KLR) (28 February 2024) (Ruling)
Neutral citation: [2024] KEHC 2028 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 6 of 2022
JN Kamau, J
February 28, 2024
Between
Republic
Prosecutor
and
Joseph Omwanga Asitiba alias Sidi
Accused
Ruling
1. On 26th October 2023, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
2. The Accused person did not file any Written Submissions on the question of whether or not he had a case to answer. The Prosecution’s Written Submissions were dated and filed on 15th December 2023. It reproduced the evidence that was tendered during trial and submitted that it had established prima facie case against the Accused person.
3. Having carefully considered the evidence of the said Prosecution witnesses and the Written Submissions by the Prosecution, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF FEBRUARY 2024J. KAMAUJUDGE