[2015] KEHC 5252 (KLR)

[2015] KEHC 5252 (KLR)

The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the provisions of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is...

Source-derived case information.

Citation
[2015] KEHC 5252 (KLR)
Parties
Applicant: Republic; Defendant: Baya George Charo alias Harrison Kitsao George
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Criminal Case 17 of 2014
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
accused put on his defence
Judges
SJ Chitembwe
Legal Topics
Prima Facie Case, Criminal Trial Procedure, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case Criminal Trial Procedure Burden of Proof

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Parties

Republic

Applicant

Baya George Charo alias Harrison Kitsao George

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 putting him on his defence.

Ratio Decidendi

The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the provisions of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is enough evidence for the accused to answer to the charges.

Court Disposition

accused put on his defence

Orders

  • The accused is hereby put on his defence.