[2016] KEHC 1679 (KLR)
The court, after considering the evidence of six prosecution witnesses and the written submissions of both parties, found that the prosecution had established a prima facie case against the accused person. Consequently, the accused was required to be put on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2016] KEHC 1679 (KLR)
- Parties
- Applicant: Republic; Respondent: Benson Nyamai
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 6 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer After Prosecution Closed Its Case
- Outcome
- Accused person found to have a case to answer and is put on his defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Nyamai
Respondent
Procedural Posture
Criminal Appeal / Ruling on Case to Answer After Prosecution Closed Its Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused person to warrant putting him on his defence.
Ratio Decidendi
The court, after considering the evidence of six prosecution witnesses and the written submissions of both parties, found that the prosecution had established a prima facie case against the accused person. Consequently, the accused was required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence, if unchallenged, could lead to a conviction, and thus the matter should proceed to the defence stage.
Court Disposition
Accused person found to have a case to answer and is put on his defence.
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL APPEAL NO 6 OF 2014
REPUBLIC……………………….APPLICANT
VERSUS
BENSON NYAMAI……….…...RESPONDENT
RULING
1. On 16th December 2015 the Prosecution closed its case after calling six (6) Prosecution witnesses.
2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer, which they duly did. The Accused person’s Written Submissions were dated and file don 8th February 2016 while those of the State were dated and filed on 10th February 2016.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused person, the court was of the opinion that a prima facie case had been established to warrant the Accused person to be put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 23rd day of February 2016
J. KAMAU
JUDGE
In the presence of:-
Sirima………………………….. for State
Mwanyumba……………..……for Accused person
Simon Tsehlo– Court Clerk