[2025] KEHC 2551 (KLR)
The court found that the prosecution, having called nine 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...
Source-derived case information.
- Citation
- [2025] KEHC 2551 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Lidoya
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused 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
Patrick Lidoya
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 being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called nine 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 detract from the sufficiency of the prosecution's evidence. The court therefore ordered that the accused be put on his defence.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Lidoya (Criminal Case 3 of 2023) [2025] KEHC 2551 (KLR) (24 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2551 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 3 of 2023
JN Kamau, J
February 24, 2025
Between
Republic
Prosecution
and
Patrick Lidoya
Accused
Ruling
1. This matter was partly heard by Sitati, Njagi and Amin JJ. This court became seized of the same on 18th April 2023. The parties asked it to proceed from where the same had reached.
2. On 14th November 2024, the Prosecution closed its case after calling a total of nine (9) Prosecution witnesses.
3. Both parties did not file Written Submissions on the question of whether or not the Accused person had a case to answer. They both relied on the evidence that had been adduced by the Prosecution witnesses.
4. Having carefully considered the evidence 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.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 24TH DAY OF FEBRUARY 2025. J. KAMAUJUDGE