[2006] KEHC 1434 (KLR)

[2006] KEHC 1434 (KLR)

The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Accordingly, pursuant to section 306(2) of the Criminal Procedure Code, the accused was put on his defence. The court directed that the accused, through his counsel, indicate whether he...

Source-derived case information.

Citation
[2006] KEHC 1434 (KLR)
Parties
Applicant: Republic; Defendant: Kefa Mukwana Mukoya
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 27 of 2002
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused put on his defence.
Legal Topics
Prima Facie Case, Criminal Trial Procedure, Defence Case, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case Criminal Trial Procedure Defence Case Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Kefa Mukwana Mukoya

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 putting him on his defence.

Ratio Decidendi

The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Accordingly, pursuant to section 306(2) of the Criminal Procedure Code, the accused was put on his defence. The court directed that the accused, through his counsel, indicate whether he would give sworn or unsworn evidence or remain silent, and whether he would call any witnesses.

Court Disposition

Accused put on his defence.

Orders

  • The accused is put on his defence pursuant to section 306(2) of the Criminal Procedure Code.
  • The accused's counsel to indicate whether the accused will give sworn or unsworn evidence or remain silent, and whether he will call witnesses.