[2010] KEHC 2822 (KLR)

[2010] KEHC 2822 (KLR)

The court found that the evidence presented by the prosecution witnesses was sufficient to establish a prima facie case against the accused, thereby necessitating that the accused be placed on his defence in accordance with Section 306 of the Criminal Procedure Code.

Source-derived case information.

Citation
[2010] KEHC 2822 (KLR)
Parties
Respondent: Republic; Defendant: David Chemusian
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
Criminal Case 38 of 2006
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused to be placed on his defence.
Legal Topics
Case to Answer, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Case to Answer Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

David Chemusian

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case requiring the accused to be placed on his defence.

Ratio Decidendi

The court found that the evidence presented by the prosecution witnesses was sufficient to establish a prima facie case against the accused, thereby necessitating that the accused be placed on his defence in accordance with Section 306 of the Criminal Procedure Code.

Court Disposition

Accused to be placed on his defence.

Orders

  • The accused is placed on his defence as required under Section 306 of the Criminal Procedure Code.