[2011] KEHC 73 (KLR)
The court, after reviewing the record and the evidence tendered by all prosecution witnesses, was satisfied that the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2011] KEHC 73 (KLR)
- Parties
- Applicant: Republic; Defendant: Gilbert Sakwa Muchera
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2003
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- I Lenaola, LK Kimaru
- 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
Gilbert Sakwa Muchera
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 sufficient to require him to be put on his defence.
Ratio Decidendi
The court, after reviewing the record and the evidence tendered by all prosecution witnesses, was satisfied that the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the law.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE 23 OF 2006
REPUBLIC………………………..…….……………….PROSECUTOR
VERSUS
GILBERT SAKWA MUCHERA……………………………….ACCUSED
R U L I N G
1. I have now had occasion to read the record in this matter and the evidence tendered by all Prosecution witnesses.
2. I am satisfied that a prima facie case has been made out against the accused person by the Republic.
3. I find that he has a case to answer and he is put on his defence.
4. Orders accordingly.
I.LENAOLA
JUDGE
DATED, DELIVERED AND COUNTER-SIGNED BY L. KIMARU, JUDGE AT KAKAMEGA THIS 4TH DAY OF JULY, 2011
L. KIMARU
JUDGE