[2016] KEHC 318 (KLR)
The court, after reviewing the evidence of the eight prosecution witnesses, found that the prosecution had established a prima facie case against the accused person. This finding required the accused to be put on his defence in accordance with the law. The decision was made in the absence of written submissions, as...
Source-derived case information.
- Citation
- [2016] KEHC 318 (KLR)
- Parties
- Applicant: Republic; Defendant: Gabriel K. Ndaikwa
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kamau
- 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
Gabriel K. Ndaikwa
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 person to warrant him being put on his defence.
Ratio Decidendi
The court, after reviewing the evidence of the eight prosecution witnesses, found that the prosecution had established a prima facie case against the accused person. This finding required the accused to be put on his defence in accordance with the law. The decision was made in the absence of written submissions, as both parties elected to rely solely on the evidence presented during the trial. The court was satisfied that the threshold for a case to answer had been met, and thus ordered the accused to proceed with his defence.
Court Disposition
accused put on his defence
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 4 OF 2014
REPUBLIC
VERSUS
GABRIEL K. NDAIKWA
RULING
1. On 15th November 2016, the Prosecution closed its case after calling a total of eight (8) Prosecution witnesses.
2. On the same date, both the counsel for the State and counsel for the Accused person asked the court to rely on the evidence that was adduced during trial in deciding the question of whether or not the Accused person had a case to answer as they did not wish to file any Written Submissions.
3. Accordingly, having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person to warrant him being put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 15th day of December 2016
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba……………….. for State
Were……….…………..……….for Accused person
Josephat Mavu– Court Clerk