[2009] KEHC 3344 (KLR)
The court found that the prosecution had established a prima facie case against all three accused persons, including the 3rd accused, contrary to the reservations expressed by the Principal State Counsel. The judge held that all accused persons have a case to answer and should be put on their individual defences....
Source-derived case information.
- Citation
- [2009] KEHC 3344 (KLR)
- Parties
- Applicant: Republic; Defendant: Gladys Kamene Nzomo; Defendant: Sammy Daniel Kikongo; Defendant: Denis Musyoki Kivaya
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 84 of 2004
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- All accused persons found to have a case to answer and are put on their defence.
- 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
Gladys Kamene Nzomo
Defendant
Sammy Daniel Kikongo
Defendant
Denis Musyoki Kivaya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against all three accused persons, including the 3rd accused, contrary to the reservations expressed by the Principal State Counsel. The judge held that all accused persons have a case to answer and should be put on their individual defences. The court noted that it was not obligated to provide detailed reasons at this stage of the proceedings.
Court Disposition
All accused persons found to have a case to answer and are put on their defence.
Orders
- All accused persons are put on their individual defences.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MACHAKOS
Criminal Case 84 of 2004
REPUBLIC
VERSUS
1. GLADYS KAMENE NZOMO
2. SAMMY DANIEL KIKONGO
3. DENIS MUSYOKI KIVAYA .………...………… ACCUSED
RULING
1. I have now had an opportunity to read the evidence on record. I am satisfied that the Republic has made out a prima facie case against the 1st and 2nd accused and I find that they have a case to answer. I will also put them on their respective defences.
2. The learned Principal State Counsel has however also urged the point that he may not have established a case against the 3rd accused. I disagree and I also find that from my reading of the record (and I am not obligated to give any reasons at this stage) I find that a prima facie case has similarly been made out against the 3rd accused person.
3. In the event all the accused persons have a case to answer and I hereby put them on their individual defences.
4. Orders accordingly.
Dated and delivered at Machakos this 1stday of July2009.
ISAAC LENAOLA
JUDGE
In presence of: Mr Wang’ondu for Republic
Mr Sila for accused persons
ISAAC LENAOLA
JUDGE