[2017] KEHC 4867 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses, a prima facie case had been established against the accused person. Therefore, the accused was required to be put on his defence in accordance with the law. The court was satisfied that the evidence adduced, if uncontroverted,...
Source-derived case information.
- Citation
- [2017] KEHC 4867 (KLR)
- Parties
- Respondent: Republic; Defendant: Gabriel Nzuvu John
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- accused put on his defence
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gabriel Nzuvu John
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses, a prima facie case had been established against the accused person. Therefore, the accused was required to be put on his defence in accordance with the law. The court was satisfied that the evidence adduced, if uncontroverted, could potentially result in a conviction, thus meeting the threshold for a case to answer.
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 1 OF 2016
REPUBLIC
VERSUS
GABRIEL NZUVU JOHN
RULING
1. On 30th March 2017, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
2. On the same date, this court directed counsel for the Accused person and counsel for the State to file their respective Written Submissionson the question of whether or not the Accused person had a case to answer. The Accused person filed his Written Submissions dated 2nd May 2017 on 3rd May 2017. When the matter was mentioned on 13th June 2017, counsel for the State informed this court that the State would not file its Written Submissions but would rely on the evidence that was adduced in court.
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 29TH day of JUNE 2017
J. KAMAU
JUDGE
In the presence of:-
Miss Karani-for State
Kertiony holding brief for Mrs Isika- for Accused person
Josephat Mavu– Court Clerk