[2019] KEHC 6004 (KLR)

[2019] KEHC 6004 (KLR)

The court found that the prosecution's evidence, taken at its highest, established a prima facie case against all accused persons. This finding means that the accused are required to be put on their defence in accordance with Section 211 of the Criminal Procedure Code. The court was satisfied that the threshold for...

Source-derived case information.

Citation
[2019] KEHC 6004 (KLR)
Parties
Applicant: Republic; Defendant: Japhet Kobia Alias Karwamba; Defendant: James Kiunga Ntoithilai; Defendant: Godfrey Kaiguri Kariti; Defendant: Simon Mutua Munoru
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 7 of 2014
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused persons to be put on their defence.
Judges
A Mabeya
Legal Topics
Prima Facie Case, Defence Call, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Defence Call Criminal Trial Procedure

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Parties

Republic

Applicant

Japhet Kobia Alias Karwamba

Defendant

James Kiunga Ntoithilai

Defendant

Godfrey Kaiguri Kariti

Defendant

Simon Mutua Munoru

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant them being put on their defence.

Ratio Decidendi

The court found that the prosecution's evidence, taken at its highest, established a prima facie case against all accused persons. This finding means that the accused are required to be put on their defence in accordance with Section 211 of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, and thus the matter should proceed to the defence hearing stage.

Court Disposition

Accused persons to be put on their defence.

Orders

  • All accused are hereby called upon to defend themselves.
  • Section 211 of the Criminal Procedure Code complied with.