[2016] KEHC 3346 (KLR)
The court found that the prosecution had established a prima facie case against the accused. As a result, the accused was put on his defence in accordance with section 211 of the Criminal Procedure Code. The judge explained the three options available to the accused for his defence, as required by law.
Source-derived case information.
- Citation
- [2016] KEHC 3346 (KLR)
- Parties
- Applicant: Republic; Defendant: Farah Muse Eskel
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 19 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Farah Muse Eskel
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 the prosecution had established a prima facie case against the accused. As a result, the accused was put on his defence in accordance with section 211 of the Criminal Procedure Code. The judge explained the three options available to the accused for his defence, as required by law.
Court Disposition
accused put on his defence
Orders
- The accused is put on his defence.
- The accused is to be informed of the three options available to him under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 19 OF 2013
REPUBLIC..................................APPLICANT
VERSUS
FARAH MUSE ESKEL..................................................ACCUSED
R U L I N G
Having considered the evidence on record, and bearing in mind that at this stage the prosecution is merely required to establish a prima facie case against the accused, I find that the accused has a case to answer.
I thus put the accused on his defence. I consequently proceed to explain to the accused the three options available to him in his defence under section 211 of the Criminal Procedure Code (Cap. 75).
Dated and delivered at Garissa this 30th day of August 2016
GEORGE DULU
JUDGE