[2016] KEHC 289 (KLR)
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions from both parties, the prosecution had established a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2016] KEHC 289 (KLR)
- Parties
- Applicant: Republic; Defendant: George Maseghe
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
George Maseghe
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 seven prosecution witnesses and the written submissions from both parties, the prosecution had established a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met, and the matter would proceed to the defence stage.
Court Disposition
Accused found to have a case to answer and 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 12 OF 2014
REPUBLIC
VERSUS
GEORGE MASEGHE
RULING
1. On 6th October 2016 the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.
2. court directed counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer. The Accused person filed his Written Submissions dated 27th October 2016 on 28th October 2016 while the State filed its Written Submissions dated 28thNovember 2016 on even date.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused person, 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
Mwinzi h/b for Mrs Isika………….….for Accused person
Josephat Mavu– Court Clerk