[2017] KEHC 147 (KLR)

[2017] KEHC 147 (KLR)

The court found that the evidence adduced by the six prosecution witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to give his defence to the charge as per the requirements of the Criminal Procedure Code. The ruling does not acquit or convict but...

Source-derived case information.

Citation
[2017] KEHC 147 (KLR)
Parties
Applicant: Republic; Defendant: Benard Mwangi Njoroge
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 45 of 2015
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
accused put on his defence
Judges
JV Juma
Legal Topics
Prima Facie Case, Criminal Trial Procedure, Defence Case, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case Criminal Trial Procedure Defence Case Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Benard Mwangi Njoroge

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 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 the evidence adduced by the six prosecution witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to give his defence to the charge as per the requirements of the Criminal Procedure Code. The ruling does not acquit or convict but merely finds that the prosecution's evidence meets the threshold to call for a defence.

Court Disposition

accused put on his defence

Orders

  • The accused shall give his defence to the charge.
  • Defence hearing scheduled for 2/6/2017.