[2021] KEHC 2593 (KLR)
The court found that the prosecution, having called seven witnesses, established a prima facie case against both accused persons. Consequently, the accused are required to be put on their defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to the...
Source-derived case information.
- Citation
- [2021] KEHC 2593 (KLR)
- Parties
- Applicant: Republic; Defendant: Emmanuel Muthenya Mbulo; Defendant: Fredrick Musyoki Anthony
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer found; accused put on their defence
- Judges
- GMA Dulu
- Legal Topics
- Case to Answer, Criminal Procedure Code, Section 211, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emmanuel Muthenya Mbulo
Defendant
Fredrick Musyoki Anthony
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 persons to require them to be put on their defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, established a prima facie case against both accused persons. Consequently, the accused are required to be put on their defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to the accused for their defence as provided by law.
Court Disposition
case to answer found; accused put on their defence
Orders
- Both accused persons are put on their defence.
- The three options available for defence under section 211 of the Criminal Procedure Code are explained to the accused.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 12 OF 2017
REPUBLIC………………………………….…………..… PROSECUTION
-VERSUS-
EMMANUEL MUTHENYA MBULO………..…..….……1ST ACCUSED
FREDRICK MUSYOKI ANTHONY ……………………. 2ND ACCUSED
RULING ON CASE TO ANSWER
1. Having considered the evidence of the prosecution in this matter wherein the prosecution called seven (7) witnesses, I find that the two accused persons have a case to answer.
2. I thus put both accused persons herein on their defence and proceed to explain to them the three options available for them in their defence, under section 211 of the Criminal Procedure Code (Cap. 75).
Delivered, signed & dated this 2nd day of November 2021, in open court at Makueni.
……………………………….
George Dulu
Judge