[2022] KEHC 938 (KLR)
The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were found to have a case to answer and were put on their defence in accordance with the requirements of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2022] KEHC 938 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Wambua; Defendant: Elijah Mutunga
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- GMA Dulu
- 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
Fredrick Wambua
Defendant
Elijah Mutunga
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused persons. Consequently, the accused persons were found to have a case to answer and were put on their defence in accordance with the requirements of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are found to have a case to answer and are put on their defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC . NO. 10 OF 2017
REPUBLIC..............................................PROSECUTION
VERSUS
FREDRICK WAMBUA...........................1ST ACCUSED
ELIJAH MUTUNGA..............................2ND ACCUSED
RULING
Having considered the evidence on record, I am of the view that the prosecution has established a prima facie case against the accused persons.
I thus find that the accused persons have a case to answer and proceed to put them on their defence.
DELIVERED, SIGNED & DATED THIS 26TH DAY OF JANUARY 2022, IN OPEN COURT AT MAKUENI.
.......................
George Dulu
Judge