[2024] KEHC 2060 (KLR)
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions of both parties, a prima facie case had been established against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section...
Source-derived case information.
- Citation
- [2024] KEHC 2060 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Chengo Khachira; Defendant: Juston Ayodi Keya
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- JN Kamau
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Patrick Chengo Khachira
Defendant
Juston Ayodi Keya
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 them being put on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions of both parties, a prima facie case had been established against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ordered that the accused persons be put on their defence.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Khachira & another (Criminal Case 3 of 2021) [2024] KEHC 2060 (KLR) (28 February 2024) (Ruling)
Neutral citation: [2024] KEHC 2060 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 3 of 2021
JN Kamau, J
February 28, 2024
Between
Republic
Prosecution
and
Patrick Chengo Khachira
1st Accused
Juston Ayodi Keya
2nd Accused
Ruling
1. This matter was part heard before Musyoka J, Amin J. and P. J. Otieno J. This court became seized of this matter on 21st March 2023. The parties asked it to hear the matter de novo.
2. On 1st November 2023, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.
3. Both the Prosecution and the Accused persons filed Written Submissions on the question of whether or not the Accused persons had a case to answer. The Prosecution’s Written Submissions were dated and filed on 9th November 2023 while those of the Accused persons were dated 19th December 2023 and filed on 20th December 2023.
4. Having carefully considered the evidence by the Prosecution witnesses and parties’ Written Submissions, the court was of the opinion that a prima facie case had been established against the Accused persons herein to warrant them being put on their Defence. They are hereby put on their defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF FEBRUARY 2024J. KAMAUJUDGE