[2024] KEHC 7029 (KLR)
The court found that, after considering the evidence of the prosecution witnesses and the written submissions by the prosecution, a prima facie case had been established against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the applicable legal...
Source-derived case information.
- Citation
- [2024] KEHC 7029 (KLR)
- Parties
- Applicant: Republic; Defendant: Baron Mukhebi Elima
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Baron Mukhebi Elima
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the prosecution witnesses and the written submissions by the prosecution, a prima facie case had been established against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the applicable legal standard under Section 306(2) of the Criminal Procedure Code. The absence of submissions from the accused did not affect the court's determination, as the prosecution's case on its own met the threshold for a case to answer.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Elima (Criminal Case 4 of 2021) [2024] KEHC 7029 (KLR) (12 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7029 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 4 of 2021
JN Kamau, J
June 12, 2024
Between
Republic
Prosecutor
and
Baron Mukhebi Elima
Accused
Ruling
1. This matter was partly heard by Musyoka J and P.J Otieno J, who took the evidence of Seith Sangoro Amuchuku (hereinafter referred to as “PW 1”). This court took seize of it on 17th April 2023. It proceeded to take the evidence of Ibrahim Kugo Bwamu (hereinafter referred to as “PW 2”), Eliazaro Okoth (hereinafter referred to as “PW 3”), Peter Abuya (hereinafter referred to as “PW 4”), Rose Sachini Keya (hereinafter referred to as “PW 5”), Vincent Gurema Isiaho (hereinafter referred to as “PW 7”) and No 109503 PC Edwin Ombui (hereinafter referred to as “PW 8”).
2. On 29th February 2024, the Prosecution closed its case after calling a total of eight (8) Prosecution witnesses.
3. The Accused person did not file any Written Submissions on the question of whether or not he had a case to answer. The Prosecution’s Written Submissions were dated 25th April 2024 and filed on 30th April 2024. It reproduced the evidence that was tendered during trial and submitted that it had established prima facie case against the Accused person.
4. Having carefully considered the evidence of the said Prosecution witnesses and the Written Submissions by the Prosecution, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 12TH DAY OF JUNE 2024J. KAMAUJUDGE