[2025] KEHC 10387 (KLR)
The court found that the prosecution, having called six witnesses and closed its case, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The absence of written...
Source-derived case information.
- Citation
- [2025] KEHC 10387 (KLR)
- Parties
- Applicant: Republic; Defendant: James Kivati
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2024
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Kivati
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 to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses and closed its case, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The absence of written submissions from both parties did not affect the court's determination, as the decision was based on the totality of the evidence adduced during the prosecution's case.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kivati (Criminal Case E008 of 2024) [2025] KEHC 10387 (KLR) (16 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10387 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case E008 of 2024
JN Kamau, J
July 16, 2025
Between
Republic
Prosecutor
and
James Kivati
Accused
Ruling
1. The Prosecution’s case in this matter was heard on diverse dates between 13th May 2025 and 11th June 2025 when the same was closed after calling a total of six (6) Prosecution witnesses.
2. Both parties did not to file Written Submissions on the question of whether or not the Accused person had a case to answer. They relied on the evidence that had been adduced by Prosecution witnesses.
3. Having carefully considered the evidence that was adduced by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.
4. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 16TH DAY OF JULY 2025. J. KAMAUJUDGE