[2016] KEHC 1699 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions by both parties, the prosecution had established a prima facie case against the accused. The court was satisfied that the evidence on record was sufficient to require the accused to be put on his defence...
Source-derived case information.
- Citation
- [2016] KEHC 1699 (KLR)
- Parties
- Applicant: Republic; Defendant: Hassan Subira
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be 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
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Parties
Republic
Applicant
Hassan Subira
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 warrant being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions by both parties, the prosecution had established a prima facie case against the accused. The court was satisfied that the evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ordered that the accused be put on his defence.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 10 OF 2015
REPUBLIC
VERSUS
HASSAN SUBIRA
RULING
1. On 28thJuly 2016 the Prosecution closed its case after calling a total of six(6) Prosecution witnesses.
2. On the same date, the court directed that counsel for the State and counsel for the Accused person file their respective Written Submissions on the question of whether or not the Accused person had a case to answer.
3. On 15th August 2016, the Accused person filed his Written Submissions dated 9th August 2016 while the State filed its Written Submissions dated 13th September 2016 on even date.
4. Accordingly, having carefully considered the evidence by the Prosecution witnesses, the Written Submissions by counsel for the State and the counsel for the Accused person and the case law that they relied upon, the court was of the opinion that a prima facie case had been established against the Accused person to warrant him being put on hisDefence. He is hereby put on hisdefence.
5. It is so ordered.
DATED and DELIVERED at VOI this 4th day of October 2016
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba…………………………….. for State
Muthami h/b for Miss Munyari ………….for Accused person
Ruth Kituva– Court Clerk