[2022] KEHC 11398 (KLR)

[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
Criminal Law Prima Facie Case Case to Answer Criminal Procedure Section 211 Cpc

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Parties

Republic

Applicant

Peter Komu Kisilu

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

  1. 1 Whether the prosecution has established a prima facie case against the accused person.
  2. 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.