[2023] KEHC 21222 (KLR)

[2023] KEHC 21222 (KLR)

The court found that the prosecution evidence on record was sufficient to establish a prima facie case against each of the accused persons. Consequently, both accused were put on their defence in accordance with Section 211 of the Criminal Procedure Code, which outlines the procedure when a case to answer is found...

Source-derived case information.

Citation
[2023] KEHC 21222 (KLR)
Parties
Applicant: Republic; Defendant: Mark Mwamondo Chao; Defendant: Paul Mwanyuma Mwakio
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Criminal Case 9 of 2019
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Each accused person found to have a case to answer and put on their defence.
Judges
GMA Dulu
Legal Topics
Murder, Case to Answer, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Case to Answer Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mark Mwamondo Chao

Defendant

Paul Mwanyuma Mwakio

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.

Ratio Decidendi

The court found that the prosecution evidence on record was sufficient to establish a prima facie case against each of the accused persons. Consequently, both accused were put on their defence in accordance with Section 211 of the Criminal Procedure Code, which outlines the procedure when a case to answer is found in criminal proceedings. The court explained the available defence options to the accused as required by law.

Court Disposition

Each accused person found to have a case to answer and put on their defence.

Orders

  • Each accused person is put on his defence.
  • The options available to the accused under Section 211 of the Criminal Procedure Code are explained to them.