[2023] KEHC 24536 (KLR)

[2023] KEHC 24536 (KLR)

The court found that the prosecution's evidence from five witnesses sufficiently placed the accused at the scene of the crime, thereby establishing a prima facie case. As a result, the accused is required to be put on his defence to rebut the prosecution's case.

Source-derived case information.

Citation
[2023] KEHC 24536 (KLR)
Parties
Applicant: Republic; Defendant: Ignatius Likabo
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 41 of 2014
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
accused put on his defence
Judges
PJO Otieno
Legal Topics
Prima Facie Case, Case to Answer, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case Case to Answer Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Ignatius Likabo

Defendant

Procedural Posture

Criminal Case / Ruling on 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's evidence from five witnesses sufficiently placed the accused at the scene of the crime, thereby establishing a prima facie case. As a result, the accused is required to be put on his defence to rebut the prosecution's case.

Court Disposition

accused put on his defence

Orders

  • The accused is found to have a case to answer and is put on his defence.
  • Defence hearing scheduled for 4th December 2023.