[2011] KEHC 3470 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Consequently, the accused persons were found to have a case to answer and were accordingly placed on their respective defences as required by law.
Source-derived case information.
- Citation
- [2011] KEHC 3470 (KLR)
- Parties
- Applicant: Republic; Defendant: Enock Arambee Okumu; Defendant: Alex Lumumba Masakhwe; Defendant: Boniface Okocheli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2005
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- 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
Enock Arambee Okumu
Defendant
Alex Lumumba Masakhwe
Defendant
Boniface Okocheli
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 warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Consequently, the accused persons were found to have a case to answer and were accordingly placed on their respective defences as required by law.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- The accused persons are placed on their respective defences.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE REPUBLIC OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 25 OF 2005
REPUBLIC
VERSUS
1. ENOCK ARAMBEE OKUMU
2. ALEX LUMUMBA MASAKHWE.....................................................................ACCUSED
3. BONIFACE OKOCHELI
RULING
1. I have now had occasion to read the evidence on record in this matter. I am satisfied that the Republic has made out a prima faciecase and that being the case, I find that the accused persons have a case to answer and I will accordingly place them on their respective defences.
2. Orders accordingly.
Delivered, dated and signed at Kakamega this 17th day of March, 2011.
ISAAC LENAOLA
J U D G E