[2019] KEHC 955 (KLR)

[2019] KEHC 955 (KLR)

The court found that the prosecution's evidence, as presented through witness testimonies, was sufficient to establish a prima facie case against the accused persons. Consequently, the accused are required to be put on their defence in accordance with the law. The decision is based on the standard that, at the close...

Source-derived case information.

Citation
[2019] KEHC 955 (KLR)
Parties
Applicant: Republic; Defendant: Clestone Ekina Masinde; Defendant: Constant Ekina Wawire
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 4 of 2010
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Outcome
Accused persons to be put on their defence.
Judges
DN Musyoka
Legal Topics
Prima Facie Case, Criminal Trial Procedure, Defence Case Requirement
Source Language
en
Criminal Law Prima Facie Case Criminal Trial Procedure Defence Case Requirement

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Clestone Ekina Masinde

Defendant

Constant Ekina Wawire

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.

Ratio Decidendi

The court found that the prosecution's evidence, as presented through witness testimonies, was sufficient to establish a prima facie case against the accused persons. Consequently, the accused are required to be put on their defence in accordance with the law. The decision is based on the standard that, at the close of the prosecution's case, if a prima facie case is established, the accused must be called upon to make their defence.

Court Disposition

Accused persons to be put on their defence.

Orders

  • A prima facie case has been established against the accused persons.
  • The accused persons are required to be put on their defence.