[2015] KEHC 3162 (KLR)
The court found that, upon reviewing the evidence and submissions, the prosecution had established a prima facie case against the accused persons. This finding requires the accused to be put on their defence in accordance with the law. The decision is based on the sufficiency of the prosecution's evidence at this...
Source-derived case information.
- Citation
- [2015] KEHC 3162 (KLR)
- Parties
- Applicant: Republic; Defendant: Janet Nasimiyu; Defendant: Christine Muricho; Defendant: Phylis Mating’i Muricho
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Accused persons put on their defence.
- Legal Topics
- Prima Facie Case, Defence Stage, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Janet Nasimiyu
Defendant
Christine Muricho
Defendant
Phylis Mating’i Muricho
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie 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, upon reviewing the evidence and submissions, the prosecution had established a prima facie case against the accused persons. This finding requires the accused to be put on their defence in accordance with the law. The decision is based on the sufficiency of the prosecution's evidence at this stage, without making a determination on the ultimate guilt or innocence of the accused.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. 16 OF 2012
REPUBLIC…………………………………………………….PROSECUTOR
VERSUS
JANET NASIMIYU
CHRISTINE MURICHO
PHYLIS MATING’I MURICHO …….….…………………………. ACCUSED
RULING
I have considered the evidence on record and submissions made by the rival parties. Having gone through the record and I am convinced that the prosecution have made out a prima facie case and I therefore put the accused person on their defence.
Dated at Bungoma this19th day of May 2015.
ALI-ARONI
JUDGE.