[2017] KEHC 5278 (KLR)
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions of both parties, the prosecution had established a prima facie case against the accused. The evidence was sufficient to require the accused to be put on his defence in accordance with Section 306 of...
Source-derived case information.
- Citation
- [2017] KEHC 5278 (KLR)
- Parties
- Appellant: Republic; Respondent: David Matata Kiteme
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer After Prosecution Case Closed
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
David Matata Kiteme
Respondent
Procedural Posture
Criminal Appeal / Ruling on Case to Answer After Prosecution Case Closed
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions of both parties, the prosecution had established a prima facie case against the accused. The evidence was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused had a case to answer and directed him to enter his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL APPEAL NO 13 OF 2014
REPUBLIC
VERSUS
DAVID MATATA KITEME
RULING
1. On 14th February 2017 the Prosecution closed its case after calling seven (7) Prosecution witnesses.
2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer, which they duly did. The Accused person’s Written Submissions were dated and filedon 24th March 2017 while those of the State were dated 10th April 2017 and filed on 12th April 2017.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused person, the court was of the opinion that a prima facie case had been established to warrant the Accused person to be put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 4thday of May2017
J. KAMAU
JUDGE
In the presence of:-
Oduor h/b for Muthami-for Accused person
Miss Anyumba-for State
Josephat Mavu– Court Clerk