[2024] KEHC 9208 (KLR)
The court found that, after considering the evidence of six prosecution witnesses, a prima facie case had been established against the accused. This finding was based on the standard that if the evidence presented by the prosecution is sufficient to require an answer from the accused, then the accused must be put on...
Source-derived case information.
- Citation
- [2024] KEHC 9208 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Girakwa Lukalu
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 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
Richard Girakwa Lukalu
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 putting him on his defence.
Ratio Decidendi
The court found that, after considering the evidence of six prosecution witnesses, a prima facie case had been established against the accused. This finding was based on the standard that if the evidence presented by the prosecution is sufficient to require an answer from the accused, then the accused must be put on his defence. The court noted that both parties declined to file written submissions and relied solely on the evidence adduced. Accordingly, the court ruled that the accused should be put on his defence as required by law.
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 Lukalu (Criminal Case 11 of 2023) [2024] KEHC 9208 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9208 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 11 of 2023
JN Kamau, J
July 30, 2024
Between
Republic
Prosecution
and
Richard Girakwa Lukalu
Accused
Ruling
1. This matter was part heard before Musyoka and Chirchir JJ. This court became seized of this matter on 24th July 2023 and parties asked it to proceed from where the matter had reached.
2. On 25th July 2024, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
3. Both parties indicated that they would not be filing any 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 30TH DAY OF JULY 2024J. KAMAUJUDGE