[2022] KEHC 11398 (KLR)
The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to...
Source-derived case information.
- Citation
- [2022] KEHC 11398 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Komu Kisilu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 149 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Komu Kisilu
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 person.
- 2 Whether the accused should be put on his defence under section 211 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to the accused for his defence as required by law.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer.
- The accused is put on his defence and informed of his options under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Kisilu (Criminal Case 149 of 2017) [2022] KEHC 11398 (KLR) (14 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11398 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case 149 of 2017
GMA Dulu, J
June 14, 2022
Between
Republic
Prosecution
and
Peter Komu Kisilu
Accused
Ruling
1. After considering the evidence on record from the prosecution witnesses, I am of the view that the prosecution has established a prima facie case against the accused person.
2. I thus find that the accused has a case to answer, and I put him on his defence and proceed to explain to him the three options available in his defence under section 211 of the Criminal Procedure Code(Cap 75).
DELIVERED, SIGNED & DATED THIS 14TH DAY OF JUNE 2022, IN OPEN COURT AT MAKUENI.................................GEORGE DULUJUDGE