[2008] KEHC 1282 (KLR)

[2008] KEHC 1282 (KLR)

The court found that the prosecution had established a prima facie case against the accused persons, Daniel Kioko Maweu and Abedneko Musau Maingi, sufficient to require them to be put on their defence. This decision was made after reviewing the evidence on record and in accordance with Section 306 of the Criminal...

Source-derived case information.

Citation
[2008] KEHC 1282 (KLR)
Parties
Applicant: Republic; Defendant: Daniel Kioko Maweu; Defendant: Abedneko Musau Maingi
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Criminal Case 72 of 2004
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused persons found to have a case to answer; ordered to be put on their defence.
Legal Topics
Prima Facie Case, Case to Answer, Criminal Procedure, Section 306 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Procedure Section 306 Criminal Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Daniel Kioko Maweu

Defendant

Abedneko Musau Maingi

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 require them to be put on their defence.

Ratio Decidendi

The court found that the prosecution had established a prima facie case against the accused persons, Daniel Kioko Maweu and Abedneko Musau Maingi, sufficient to require them to be put on their defence. This decision was made after reviewing the evidence on record and in accordance with Section 306 of the Criminal Procedure Code, which mandates that if at the close of the prosecution's case the court is of the opinion that there is evidence sufficient to put the accused on their defence, it shall call upon them to do so. The court therefore ruled that the accused have a case to answer.

Court Disposition

Accused persons found to have a case to answer; ordered to be put on their defence.

Orders

  • The accused persons are found to have a case to answer and are to be put on their defence.
  • Section 306 of the Criminal Procedure Code to be complied with.