[2009] KEHC 1026 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons. This means that, based on the evidence presented by the prosecution, there is sufficient ground for the accused to be called upon to answer to the charges. The court therefore ruled that the accused persons have a...
Source-derived case information.
- Citation
- [2009] KEHC 1026 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Musyoki; Defendant: Daniel Ngovi Nzuki; Defendant: Joseph Nzuki Matulu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2007
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- I Lenaola
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Musyoki
Defendant
Daniel Ngovi Nzuki
Defendant
Joseph Nzuki Matulu
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether a prima facie case has been established against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons. This means that, based on the evidence presented by the prosecution, there is sufficient ground for the accused to be called upon to answer to the charges. The court therefore ruled that the accused persons have a case to answer and should be put on their respective defences in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons shall be put on their respective defences.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Case 40 of 2007
REPUBLIC
VERSUS
1. JACKSON MUSYOKI
2. DANIEL NGOVI NZUKI
3. JOSEPH NZUKI MATULU …………………………………….. ACCUSED
RULING
1. I have now had the occasion to look at the record in this matter and a prima facie case has been made out against the accused persons and I find that they have a case to answer.
2. They shall be put on their respective defences.
3. Orders accordingly.
Dated and delivered at Machakos this 26th day of October 2009.
ISAAC LENAOLA
JUDGE