[2021] KEHC 3744 (KLR)
The court, after considering the evidence on record, the law, and the submissions of counsel for the accused, found that the prosecution had established a prima facie case. The court emphasized that at this stage, it is not required to decide finally on the sufficiency of the evidence to secure a conviction, but...
Source-derived case information.
- Citation
- [2021] KEHC 3744 (KLR)
- Parties
- Applicant: Republic; Defendant: Leshan Joshua Mochanga Alias Ondieki
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2019
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defence
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leshan Joshua Mochanga Alias Ondieki
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Ratio Decidendi
The court, after considering the evidence on record, the law, and the submissions of counsel for the accused, found that the prosecution had established a prima facie case. The court emphasized that at this stage, it is not required to decide finally on the sufficiency of the evidence to secure a conviction, but only whether there is a case for the accused to answer. Applying the principles from Bhatt v Republic, the court held that the accused should be placed on his defence.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN TE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 46 OF 2019
REPUBLIC.....................................................................PROSECUTION
VERSUS
LESHAN JOSHUA MOCHANGA Alias ONDIEKI............ ACCUSED
RULING
1. At this stage of the proceedings the duty of the court is to determine whether a prima facie case has been established against the accused to warrant him being placed on his defence.
2. I have applied my mind to the Law and the evidence on record. I have factored in the learned submissions of counsel on behalf of the accused. I have had due regard to the principles laid down in Bhatt –vs- Republic [1957] E.A at page 332.
3. I am satisfied that, based on the evidence on record and the applicable law, and in realization that at this stage the court is not required to decide finally on the sufficiency of the evidence to secure a conviction, the prosecution has established a prima facie case to warrant the accused person being placed on his defence.
He is so placed.
DATED, SIGNED AND DELIVERED AT KISII THIS 23RD DAY OF SEPTEMBER, 2021.
A.K. NDUNG’U
JUDGE