[2013] KEHC 641 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against all the accused persons. Consequently, the accused are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely...
Source-derived case information.
- Citation
- [2013] KEHC 641 (KLR)
- Parties
- Applicant: Republic; Defendant: John Bushuru Manyasa; Defendant: Michael Obae Manyasa; Defendant: Clement Makokha Manyasa; Defendant: Ibrahim Omukamani; Defendant: Fridah Mlongo Okono; Defendant: Alfred Okumu Makokha; Defendant: Carnod Manyasa Okumu; Defendant: William Ngosia Manyasa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2010
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- prima facie case established; accused put on their defence
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Bushuru Manyasa
Defendant
Michael Obae Manyasa
Defendant
Clement Makokha Manyasa
Defendant
Ibrahim Omukamani
Defendant
Fridah Mlongo Okono
Defendant
Alfred Okumu Makokha
Defendant
Carnod Manyasa Okumu
Defendant
William Ngosia Manyasa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
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 the prosecution had adduced sufficient evidence to establish a prima facie case against all the accused persons. Consequently, the accused are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is enough evidence for the accused to answer to the charges.
Court Disposition
prima facie case established; accused put on their defence
Orders
- All accused persons are put on their respective defences.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 7 OF 2011
REPUBLIC ………………………………………………….. PROSECUTOR
V E R S U S
JOHN BUSHURU MANYASA …………….……….…………. 1ST ACCUSED
MICHAEL OBAE MANYASA ………….…………….………. 2ND ACCUSED
CLEMENT MAKOKHA MANYASA ………………….……… 3RD ACCUSED
IBRAHIM OMUKAMANI ……………………………………… 4TH ACCUSED
FRIDAH MLONGO OKONO ……………………………….… 5TH ACCUSED
ALFRED OKUMU MAKOKHA …..………….….……………... 6TH ACCUSED
CARNOD MANYASA OKUMU ……………….….…………… 7TH ACCUSED
WILLIAM NGOSIA MANYASA ……………..………………….. 8TH ACCUSED
R U L I N G
After going through the prosecution evidence, I do find that a prima facie case has been established against all the accused persons who are put on their respective defences.
Dated at Kakamega this 14th day of November 2013
SAID J. CHITEMBWE
J U D G E