[2019] KEHC 9054 (KLR)

[2019] KEHC 9054 (KLR)

The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was called upon to enter his defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused's rights under this section, and the accused elected to give a sworn statement without calling any witnesses.

Citation
[2019] KEHC 9054 (KLR)
Parties
Respondent: Republic; Defendant: Japheth Gitonga
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
20 February 2019
Case Number
Criminal Case 4 of 2017
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Outcome
accused put on his defence
Judges
BB Limo
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
English
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Case Brief

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Parties

Republic

Respondent

Japheth Gitonga

Defendant

Procedural Posture

Criminal Trial / Ruling on Case to Answer

Legal Issues

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

Ratio Decidendi

The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was called upon to enter his defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused's rights under this section, and the accused elected to give a sworn statement without calling any witnesses.

Court Disposition

accused put on his defence

Orders

  • The accused is found to have a case to answer and is put on his defence.
  • Defence hearing scheduled for 20/6/2019.