[2010] KEHC 3828 (KLR)
The court found that the prosecution had discharged its burden of establishing a prima facie case against the accused. As a result, the accused is required to be put on his defence to answer the charges. The decision is based on the assessment of the evidence presented by the prosecution and the legal standard for a...
Source-derived case information.
- Citation
- [2010] KEHC 3828 (KLR)
- Parties
- Applicant: Republic; Defendant: Boniface Gathege Wacheke
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2008
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- accused put on his defence
- Judges
- MSA Makhandia
- Legal Topics
- Prima Facie Case, No Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Boniface Gathege Wacheke
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 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 had discharged its burden of establishing a prima facie case against the accused. As a result, the accused is required to be put on his defence to answer the charges. The decision is based on the assessment of the evidence presented by the prosecution and the legal standard for a no case to answer ruling.
Court Disposition
accused put on his defence
Orders
- The accused is placed on his defence and called upon to indicate how he intends to defend himself.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI Criminal Case 19 of 2008
REPUBLIC…..…........................................................…….PROSECUTOR
Versus
BONIFACE GATHEGE WACHEKE…………………..….….ACCUSED
R U L I N G
This is a ruling on no case to answer. Having considered the evidence tendered by the prosecution as well as rival oral submissions on no case to answer, I am satisfied that the prosecution has discharged its onus of establishing a prima facie case against the accused. The accused should therefore be called upon to state his side of the story. Accordingly, I now place the accused on his defence. I now call upon him to indicate to the court how he intends to defend himself.
Dated and delivered at Nyeri this 25th day of January, 2010.
M.S.A. MAKHANDIA
JUDGE