[2018] KEHC 4897 (KLR)

[2018] KEHC 4897 (KLR)

The court found that, since no witnesses had been called by the prosecution following the order for the case to start de novo, there was no evidence before the court. As a result, the prosecution failed to establish a prima facie case against the accused. In accordance with Section 210 of the Criminal Procedure...

Source-derived case information.

Citation
[2018] KEHC 4897 (KLR)
Parties
Appellant: Republic; Respondent: James Kimutai Towett
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
Criminal Case 47 of 2010
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
acquittal under section 210 of the Criminal Procedure Code
Judges
AM Githinji
Legal Topics
Prima Facie Case, Acquittal, Section 210 Cpc
Source Language
en
Criminal Law Prima Facie Case Acquittal Section 210 Cpc

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Appellant

James Kimutai Towett

Respondent

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

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

Ratio Decidendi

The court found that, since no witnesses had been called by the prosecution following the order for the case to start de novo, there was no evidence before the court. As a result, the prosecution failed to establish a prima facie case against the accused. In accordance with Section 210 of the Criminal Procedure Code, the accused was entitled to an acquittal as there was nothing for the court to consider in determining whether he should be put on his defence.

Court Disposition

acquittal under section 210 of the Criminal Procedure Code

Orders

  • The accused, James Kimutai Towett, is acquitted under Section 210 of the Criminal Procedure Code.