[2020] KEHC 8564 (KLR)

[2020] KEHC 8564 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against all the accused persons. Consequently, the accused are required to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely...

Source-derived case information.

Citation
[2020] KEHC 8564 (KLR)
Parties
Applicant: Republic; Defendant: Henry Musa Murimi; Defendant: Stanley Gichunge Kitheka; Defendant: M’Kailibi Kailibi; Defendant: Daniel Karatu Michubu; Defendant: Gedion Kingori; Defendant: Ibrahim Meeme Kiobe
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 7 of 2017
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Outcome
All accused placed on their defence.
Judges
A Mabeya
Legal Topics
Prima Facie Case, Burden of Proof, Defence Stage
Source Language
en
Criminal Law Prima Facie Case Burden of Proof Defence Stage

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Parties

Republic

Applicant

Henry Musa Murimi

Defendant

Stanley Gichunge Kitheka

Defendant

M’Kailibi Kailibi

Defendant

Daniel Karatu Michubu

Defendant

Gedion Kingori

Defendant

Ibrahim Meeme Kiobe

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant their being placed on their defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against all the accused persons. Consequently, the accused are required to be placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is enough evidence for the accused to answer the charges.

Court Disposition

All accused placed on their defence.

Orders

  • All the accused are hereby placed on their defence.