[2021] KEHC 1618 (KLR)
The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against the accused person, Jenneffer Nziku Wambua. Consequently, the court held that the accused has a case to answer and should be put on her defence in accordance with section 211 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2021] KEHC 1618 (KLR)
- Parties
- Applicant: Republic; Defendant: Jenneffer Nziku Wambua
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2019
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer; put on her defence
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure Code Section 211
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jenneffer Nziku Wambua
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 person.
- 2 Whether the accused should be put on her defence under section 211 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against the accused person, Jenneffer Nziku Wambua. Consequently, the court held that the accused has a case to answer and should be put on her defence in accordance with section 211 of the Criminal Procedure Code. The court informed the accused of her three options in making her defence as provided by law.
Court Disposition
accused found to have a case to answer; put on her defence
Orders
- The accused is found to have a case to answer and is put on her defence.
- The accused is informed of her three options under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC . NO. 22 OF 2019
REPUBLIC.......................................................................................PROSECUTION
VERSUS
JENNEFFER NZIKU WAMBUA............................................................ACCUSED
RULING
1. Having perused and considered the evidence of the prosecution on record, I am of the view that the prosecution has established a prima facie case against the accused person herein.
2. I thus find that the accused person has a case to answer and put him on his defence.
3. In this regard, I proceed to inform her of the three options available to her in her defence in terms of section 211 of the Criminal Procedure Code.
DELIVERED, SIGNED & DATED THIS 2ND DAY OF DECEMBER 2021, IN OPEN COURT AT MAKUENI.
.............................
GEORGE DULU
JUDGE