[2020] KEHC 3 (KLR)

[2020] KEHC 3 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Daniel Kipkemoi Maritim. Consequently, the accused is required to be placed on his defence in accordance with Section 211 of the Criminal Procedure Code. The court therefore ruled that the...

Source-derived case information.

Citation
[2020] KEHC 3 (KLR)
Parties
Applicant: Republic; Defendant: Daniel Kipkemoi Maritim
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Case Case17 of 2017
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused found to have a case to answer; ordered to be placed on his defence.
Judges
AN Ongeri
Legal Topics
Prima Facie Case, Case to Answer, Section 211 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Case to Answer Section 211 Criminal Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Daniel Kipkemoi Maritim

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 to require him to be placed on his defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Daniel Kipkemoi Maritim. Consequently, the accused is required to be placed on his defence in accordance with Section 211 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and directed that the defence hearing be scheduled.

Court Disposition

Accused found to have a case to answer; ordered to be placed on his defence.

Orders

  • The accused is found to have a case to answer and is placed on his defence.
  • Section 211 of the Criminal Procedure Code to be complied with.