[2011] KEHC 2646 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Consequently, the accused are called upon to defend themselves in accordance with Section 306 of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that...
Source-derived case information.
- Citation
- [2011] KEHC 2646 (KLR)
- Parties
- Applicant: Republic; Defendant: Kisandu Siololo; Defendant: Jackson Kayeko Siololo; Defendant: Joshua Toninio Siololo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 99 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused persons are found to have a case to answer and are called upon to defend themselves.
- Legal Topics
- Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kisandu Siololo
Defendant
Jackson Kayeko Siololo
Defendant
Joshua Toninio Siololo
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
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 the accused persons. Consequently, the accused are called upon to defend themselves in accordance with Section 306 of the Criminal Procedure Code. The ruling does not determine guilt but merely finds that there is enough evidence on record to require the accused to answer to the charges.
Court Disposition
Accused persons are found to have a case to answer and are called upon to defend themselves.
Orders
- The accused persons are put on their defence as the prosecution has established a prima facie case.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 99 OF 2008
REPUBLIC……………………………......…………..PROSECUTOR
VERSUS
KISANDU SIOLOLO…………………………..……....1ST ACCUSED
JACKSON KAYEKO SIOLOLO…………...….……….2ND ACCUSED
JOSHUA TONINIO SIOLOLO…………...…………....3RD ACCUSED
RULING
After hearing the prosecution witnesses, this court is satisfied that the prosecution has made a prima facie case and the accused are called upon to defend themselves.
Section 306 Criminal Procedure Code is complied with.
DATED and DELIVERED this day 13th of May 2011.
R. P. V. WENDOH
JUDGE
PRESENT:
Mr. Omutelema for the State
Ms Lutinda holding brief for Mr. Ogola for Accused
Kennedy – Court Clerk