[2010] KEHC 3827 (KLR)

[2010] KEHC 3827 (KLR)

The court found that the prosecution had discharged its burden of establishing a prima facie case against the accused. As a result, the accused is required to be put on his defence to respond to the evidence presented by the prosecution. The ruling is based on the standard that, at the close of the prosecution's...

Source-derived case information.

Citation
[2010] KEHC 3827 (KLR)
Parties
Applicant: Republic; Defendant: Lawrence Maina Irungu
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Criminal Case 13 of 2008
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
accused put on his defence
Judges
MSA Makhandia
Legal Topics
Prima Facie Case, No Case to Answer, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case No Case to Answer Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Lawrence Maina Irungu

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court found that the prosecution had discharged its burden of establishing a prima facie case against the accused. As a result, the accused is required to be put on his defence to respond to the evidence presented by the prosecution. The ruling is based on the standard that, at the close of the prosecution's case, the evidence must be sufficient to require the accused to make a defence, as provided under Section 306 of the Criminal Procedure Code.

Court Disposition

accused put on his defence

Orders

  • The accused is placed on his defence and invited to state how he intends to defend himself.