[2023] KEHC 20041 (KLR)
The court found that, upon perusal of the record and after hearing some of the prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was ordered to be put on his defence in...
Source-derived case information.
- Citation
- [2023] KEHC 20041 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Ombima Buruk
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samwel Ombima Buruk
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has adduced sufficient evidence to establish a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that, upon perusal of the record and after hearing some of the prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was ordered to be put on his defence in accordance with the requirements of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Buruk (Criminal Case E016 of 2021) [2023] KEHC 20041 (KLR) (17 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20041 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E016 of 2021
WM Musyoka, J
July 17, 2023
Between
Republic
Prosecution
and
Samwel Ombima Buruk
Accused
Ruling
1. I have perused the record, and I had the advantage of hearing some of the witnesses herein. I am persuaded that the Republic has adduced sufficient evidence. It is my finding that the accused has a case to answer, to warrant his being put on his defence..
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 17TH DAY OF JULY 2023WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Appearances3. Mrs. Chepkonga, instructed by the Director of Public Prosecutions, for the Republic.4. Mr. Oketch, instructed by Felix Oketch & Company, Advocates for the accused person.