[2024] KEHC 5071 (KLR)
The court found that the evidence adduced by the six prosecution witnesses was sufficient to establish a prima facie case against the accused. Accordingly, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the...
Source-derived case information.
- Citation
- [2024] KEHC 5071 (KLR)
- Parties
- Applicant: Republic; Defendant: Silas Barchiba Chemjor
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E013 of 2023
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defence
- Judges
- RB Ngetich
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Silas Barchiba Chemjor
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.
Ratio Decidendi
The court found that the evidence adduced by the six prosecution witnesses was sufficient to establish a prima facie case against the accused. Accordingly, the accused is required to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a prima facie case had been met.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Chemjor (Criminal Case E013 of 2023) [2024] KEHC 5071 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5071 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Case E013 of 2023
RB Ngetich, J
May 9, 2024
Between
Republic
Prosecution
and
Silas Barchiba Chemjor
Accused
Ruling
1. I have considered the evidence adduced by the 6 prosecution witnesses and find that a prima facie case has been established to warrant the accused person be placed on his defence.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 9TH DAY OF MAY 2024. .............................RACHEL NGETICHJUDGEIn the presence of:Elvis/Momanyi – Court Assistants.Accused present.Ms. Ratemo for State.Mr. Kiptoo holding brief for Mr. Chepkilot for the Accused.