[2015] KEHC 3628 (KLR)

[2015] KEHC 3628 (KLR)

The court, after reviewing the evidence adduced by the 10 prosecution witnesses, found that the prosecution had established a prima facie case against the accused. This finding necessitated that the accused be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court did not make...

Source-derived case information.

Citation
[2015] KEHC 3628 (KLR)
Parties
Applicant: Republic; Defendant: Dickson Kubia Andalia
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 33 of 2008
Procedural Posture
Criminal Case / Ruling on Case to Answer; Close of Prosecution Case
Outcome
The accused is 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

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Dickson Kubia Andalia

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer; Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.

Ratio Decidendi

The court, after reviewing the evidence adduced by the 10 prosecution witnesses, found that the prosecution had established a prima facie case against the accused. This finding necessitated that the accused be placed on his defence in accordance with Section 306 of the Criminal Procedure Code. The court did not make any findings on the guilt or innocence of the accused at this stage, but merely determined that there was sufficient evidence requiring the accused to respond to the charges.

Court Disposition

The accused is placed on his defence.

Orders

  • The accused person is hereby placed on his defence.
  • Section 306 CPC to be complied with.