[2022] KEHC 14349 (KLR)
The court found that the prosecution, through the evidence of six witnesses, had established a prima facie case against both accused persons. Consequently, both accused were found to have a case to answer and were put to their defence in accordance with section 211 of the Criminal Procedure Code. The court explained...
Source-derived case information.
- Citation
- [2022] KEHC 14349 (KLR)
- Parties
- Applicant: Republic; Defendant: Ismail Rajab Isa alias Msaulo; Defendant: Boniface Mutuma Muriungi alias Tuma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Case
- Outcome
- Both accused found to have a case to answer and put to their defence.
- Judges
- DO Ogembo
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure Code Section 211
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ismail Rajab Isa alias Msaulo
Defendant
Boniface Mutuma Muriungi alias Tuma
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of six witnesses, had established a prima facie case against both accused persons. Consequently, both accused were found to have a case to answer and were put to their defence in accordance with section 211 of the Criminal Procedure Code. The court explained the rights of the accused under section 211 and set a date for the defence hearing.
Court Disposition
Both accused found to have a case to answer and put to their defence.
Orders
- Both accused are found to have a case to answer and are put to their defence under section 211 of the Criminal Procedure Code.
- Section 211 of the Criminal Procedure Code explained to both accused.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Isa & another (Criminal Case 7 of 2020) [2022] KEHC 14349 (KLR) (Crim) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14349 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 7 of 2020
DO Ogembo, J
October 26, 2022
Between
Republic
Prosecutor
and
Ismail Rajab Isa alias Msaulo
1st Accused
Boniface Mutuma Muriungi alias Tuma
2nd Accused
Ruling
1. I have considered the rival submissions filed by the defence and the prosecution sides, and the evidence of the 6 prosecution witnesses. I am convinced that the prosecution has established a prima facie case against both accused 1 and 2. I accordingly find that both accused 1 and 2 have a case to answer and I put them to their own defences under section 211 of the Criminal Procedure Code.
D O OGEMBOJUDGE26TH OCTOBER, 2022. Court:Ruling read out in court in the presence of accused, Mr Ongoto for the accused 2 and holding brief for Karanja for accused 1, and Ms Kimani for state.D O OGEMBOJUDGE26TH OCTOBER, 2022. Court:Section 211 of the Criminal Procedure Code explained to both the accused.D O OGEMBOJUDGE26TH OCTOBER, 2022. Mr Ongoto:I have instructions that both accused 1 and 2 shall give sworn defences. Accused 1 shall not call any witnesses. Accused 2 shall also not call any witnesses.Court:Section 211 of the Criminal Procedure Code complied with. Date of defence to be fixed. Defence hearing December 1, 2022.