[2022] KEHC 3299 (KLR)

[2022] KEHC 3299 (KLR)

The court found that the prosecution had adduced sufficient evidence through its witnesses to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the law. The decision is based on the standard that, at the close of the prosecution's...

Source-derived case information.

Citation
[2022] KEHC 3299 (KLR)
Parties
Applicant: Republic; Defendant: Thomas Itemere
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 43 of 2014
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
The accused is found to have a case to answer and is put on his defence.
Judges
WM Musyoka
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

Thomas Itemere

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 sufficient to require him to be put on his defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence through its witnesses to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with the law. The decision is based on the standard that, at the close of the prosecution's case, if there is evidence upon which a reasonable tribunal could convict, the accused must be called upon to answer the case.

Court Disposition

The accused is found to have a case to answer and is put on his defence.

Orders

  • The accused, Thomas Itemere, is found to have a case to answer and is hereby put on his defence.