[2024] KEHC 13586 (KLR)

[2024] KEHC 13586 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented, if unchallenged, would be sufficient to support a conviction. Therefore, the accused is required to be put on her defence in accordance with the law. The court explained...

Source-derived case information.

Citation
[2024] KEHC 13586 (KLR)
Parties
Applicant: Republic; Defendant: Pamela Chemnung Lonyangiro
Court
High Court
Court Station
High Court at Kapenguria
Jurisdiction
Kenya
Case Number
Criminal Case E002 of 2022
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Accused found to have a case to answer and is put on her defence.
Judges
RPV Wendoh
Legal Topics
Prima Facie Case, Burden of Proof, Defence Case
Source Language
en
Criminal Law Prima Facie Case Burden of Proof Defence Case

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Pamela Chemnung Lonyangiro

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

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

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence presented, if unchallenged, would be sufficient to support a conviction. Therefore, the accused is required to be put on her defence in accordance with the law. The court explained the three ways in which the accused may make her defence and called upon her to proceed accordingly.

Court Disposition

Accused found to have a case to answer and is put on her defence.

Orders

  • The accused is found to have a case to answer and is hereby put on her defence.
  • The accused is informed of her right to make her defence in one of three ways as provided by law.