[2022] KEHC 11816 (KLR)

[2022] KEHC 11816 (KLR)

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. In accordance with section 306(2) of the Criminal Procedure Code, the court ruled that each accused has a case to answer and must be called upon to make their...

Source-derived case information.

Citation
[2022] KEHC 11816 (KLR)
Parties
Applicant: Republic; Defendant: Mboi Lobeyok Lodoto; Defendant: Emmanuel Lokwawi Ektella
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 96 of 2017
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
Outcome
Each accused person found to have a case to answer and called upon to make their defence.
Judges
EM Muriithi
Legal Topics
Case to Answer, Criminal Procedure Code Section 306, Constitutional Right to Defence
Source Language
en
Criminal Law Case to Answer Criminal Procedure Code Section 306 Constitutional Right to Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Mboi Lobeyok Lodoto

Defendant

Emmanuel Lokwawi Ektella

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to require them to make their defence.
  2. 2 Whether the evidence led by the prosecution is sufficient under section 306(2) of the Criminal Procedure Code to put the accused on their defence.

Ratio Decidendi

The court found that the prosecution, having called five witnesses, presented sufficient evidence to establish a prima facie case against the accused persons. In accordance with section 306(2) of the Criminal Procedure Code, the court ruled that each accused has a case to answer and must be called upon to make their defence. The court further recognized the accused persons' constitutional right to challenge the prosecution's evidence and to adduce evidence in their defence, as provided under Article 50(2)(k) of the Constitution. The matter was therefore set down for defence hearing on a date to be fixed in consultation with the parties.

Court Disposition

Each accused person found to have a case to answer and called upon to make their defence.

Orders

  • Each accused person is informed that he has a case to answer under section 306(2) of the Criminal Procedure Code.
  • The accused may make their defence in the manner provided under the law, pursuant to their constitutional rights.