[2018] KEHC 5153 (KLR)
The court found that the prosecution's evidence, as presented through its witnesses, was sufficient to establish a prima facie case against each accused person. Consequently, each accused was placed on his or her defence in accordance with the requirements of the Criminal Procedure Code. The court did not make a...
Source-derived case information.
- Citation
- [2018] KEHC 5153 (KLR)
- Parties
- Applicant: Republic; Defendant: Emericus Hendricus Van De Werf; Defendant: Said Abdallah Kadenge; Defendant: Vera Juliet Anyango
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Each accused person is placed on his/her defence.
- Legal Topics
- Prima Facie Case, Defence Stage, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emericus Hendricus Van De Werf
Defendant
Said Abdallah Kadenge
Defendant
Vera Juliet Anyango
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented through its witnesses, was sufficient to establish a prima facie case against each accused person. Consequently, each accused was placed on his or her defence in accordance with the requirements of the Criminal Procedure Code. The court did not make a determination on guilt or innocence at this stage, but merely found that the evidence required the accused persons to respond.
Court Disposition
Each accused person is placed on his/her defence.
Orders
- Each accused person is placed on his/her defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
CRIMINAL CASE NO. 28 OF 2012
REPUBLIC.........................................................................................................PROSECUTOR
VERSUS
EMERICUS HENDRICUS VAN DE WERF....................................................1ST ACCUSED
SAID ABDALLAH KADENGE........................................................................2ND ACCUSED
VERA JULIET ANYANGO..............................................................................3RD ACCUSED
RULING
Upon perusal of the evidence adduced by the prosecution witnesses I find that a prima facie case has been established against each accused person. Each accused person is placed on his/her defence.
Dated, signed and delivered at Malindi this 19th day of July, 2018.
W. KORIR,
JUDGE OF THE HIGH COURT