[2023] KEHC 3495 (KLR)

[2023] KEHC 3495 (KLR)

The court found that, upon reviewing the record and hearing all the prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure...

Source-derived case information.

Citation
[2023] KEHC 3495 (KLR)
Parties
Applicant: Republic; Defendant: Faustine Lihavi; Defendant: Erick Mayubu
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 37 of 2019
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused persons put on their defence.
Judges
WM Musyoka
Legal Topics
Prima Facie Case, Criminal Trial Procedure, Defence Stage
Source Language
en
Criminal Law Prima Facie Case Criminal Trial Procedure Defence Stage

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Faustine Lihavi

Defendant

Erick Mayubu

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.

Ratio Decidendi

The court found that, upon reviewing the record and hearing all the prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, and it was therefore necessary for the accused to be called upon to answer the charges against them.

Court Disposition

Accused persons put on their defence.

Orders

  • The accused persons are hereby put on their defence.