[2018] KEHC 877 (KLR)

[2018] KEHC 877 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the provisions of the Criminal Procedure Code. The decision is based on the assessment of the evidence on record,...

Source-derived case information.

Citation
[2018] KEHC 877 (KLR)
Parties
Applicant: Republic; Defendant: Hawo Ibrahim
Court
High Court
Court Station
High Court at Marsabit
Jurisdiction
Kenya
Case Number
Criminal Case 7 of 2016
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
accused put on defence
Judges
SJ Chitembwe
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Hawo Ibrahim

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting the accused on his defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the provisions of the Criminal Procedure Code. The decision is based on the assessment of the evidence on record, which, if uncontroverted, would be sufficient to support a conviction. Therefore, the matter proceeds to the defence stage.

Court Disposition

accused put on defence

Orders

  • The accused is hereby put on his defence.