[2022] KEHC 11664 (KLR)

[2022] KEHC 11664 (KLR)

The court found that the prosecution, having called eleven witnesses, 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 211 of the Criminal Procedure Code. The judge explained the accused's rights and...

Source-derived case information.

Citation
[2022] KEHC 11664 (KLR)
Parties
Applicant: Republic; Defendant: Friday Baraza
Court
High Court
Court Station
High Court at Makueni
Jurisdiction
Kenya
Case Number
Criminal Case 2 of 2018
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused found to have a case to answer and put on his defence.
Judges
GMA Dulu
Legal Topics
Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Procedure Section 211 Criminal Procedure Code

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Friday Baraza

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 person.
  2. 2 Whether the accused should be put on his defence under section 211 of the Criminal Procedure Code.

Ratio Decidendi

The court found that the prosecution, having called eleven witnesses, 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 211 of the Criminal Procedure Code. The judge explained the accused's rights and options for defence, as mandated by law, and ruled that the matter should proceed to the defence stage.

Court Disposition

Accused found to have a case to answer and put on his defence.

Orders

  • The accused is found to have a case to answer and is put on his defence under section 211 of the Criminal Procedure Code.