[2015] KEHC 5976 (KLR)
The court, after perusing the proceedings and considering the evidence tendered by the five prosecution witnesses, found that the prosecution had established a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with section 306 of the Criminal...
Source-derived case information.
- Citation
- [2015] KEHC 5976 (KLR)
- Parties
- Applicant: Republic; Defendant: Brian Kirwa Bowen
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2012
- Procedural Posture
- Criminal Case / Ruling on Whether Accused to Be Put on Defence After Close of Prosecution Case
- Outcome
- Accused to be put on his defence.
- Judges
- JK Mulwa
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Submission of No Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Brian Kirwa Bowen
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused to Be Put on Defence After Close of Prosecution Case
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, after perusing the proceedings and considering the evidence tendered by the five prosecution witnesses, found that the prosecution had established a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with section 306 of the Criminal Procedure Code. The decision was made without written submissions, as both parties opted to rely on the evidence on record.
Court Disposition
Accused to be put on his defence.
Orders
- The accused, Brian Kirwa Bowen, shall be put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 23 OF 2012
REPUBLIC........................................................................................PROSECUTOR
VERSUS
BRIAN KIRWA BOWEN...........................................................................ACCUSED
RULING
1. This case was part heard by Judge Ouko. The prosecution closed its case on the 18th October 2012. Five witnesses testified for the prosecution.
2. State Counsel Mr. Marete for the State and Ms. Mary Advocate for the accused indicated that they would file written submissions under the provisions of section 306 of the Criminal Procedure Code. However, on the 27th November 2014, the parties abandoned filing of written submissions and urged the court to consider the evidence on record and make a ruling as to whether or not the accused should be placed on his defence.
3. I have perused the proceedings on record and carefully considered the evidence tendered by the prosecution witnesses. I am satisfied that the prosecution has established a prima facie case against the accused. He shall be put on his defence.
Dated, signed and delivered at Nakuru this 23rd day of January 2015
JANET MULWA
JUDGE
Ruling read and signed in open court in the presence of:
Ngovi for State
Wamasaa for Accused
Court clerk – David
JANET MULWA
JUDGE
23/1/2015