[2022] KEHC 970 (KLR)
The court found that the evidence adduced by the prosecution through nine witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2022] KEHC 970 (KLR)
- Parties
- Applicant: Republic; Defendant: James Musyoki Kaula
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2018
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; put on his defence
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Musyoki Kaula
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 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 the evidence adduced by the prosecution through nine witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to the accused for his defence, as required by law.
Court Disposition
accused found to have a case to answer; put on his defence
Orders
- The accused is found to have a case to answer and is put on his defence.
- The accused is to be informed of his rights under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC 17 OF 2018
REPUBLIC...........................................................................................PROSECUTION
–VERSUS-
JAMES MUSYOKI KAULA........................................................................ACCUSED
RULING
Having perused and considered the evidence of the nine (9) prosecution witnesses on record, I am of the view that the prosecution has established a prima facie case against the accused.
I thus find that the accused has a case to answer and put him on his defence. I hereby proceed to explain to him the three options available to him in his defence under section 211 of the Criminal Procedure Code.
DELIVERED, SIGNED & DATED THIS 27TH DAY OF JANUARY 2022, IN OPEN COURT AT MAKUENI
..............................
GEORGE DULU
JUDGE