[2013] KEHC 1535 (KLR)

[2013] KEHC 1535 (KLR)

The court found that the evidence presented by the prosecution established a prima facie case against the accused, Dorothy Mbinya. In accordance with Section 306(2) of the Criminal Procedure Code, the court ruled that the accused has a case to answer and should be put on her defence. The court thus complied with the...

Source-derived case information.

Citation
[2013] KEHC 1535 (KLR)
Parties
Applicant: Republic; Defendant: Dorothy Mbinya
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Criminal Case 46 of 2009
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused found to have a case to answer; matter set for defence hearing.
Judges
BT Jaden
Legal Topics
Prima Facie Case, Case to Answer, Criminal Procedure, Section 306
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Procedure Section 306

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Dorothy Mbinya

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 warrant her being put on her defence.

Ratio Decidendi

The court found that the evidence presented by the prosecution established a prima facie case against the accused, Dorothy Mbinya. In accordance with Section 306(2) of the Criminal Procedure Code, the court ruled that the accused has a case to answer and should be put on her defence. The court thus complied with the statutory requirement to make such a determination at the close of the prosecution's case.

Court Disposition

Accused found to have a case to answer; matter set for defence hearing.

Orders

  • The accused is found to have a case to answer and is put on her defence.
  • Mention scheduled for 6/11/2013.