[2024] KEHC 13541 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and must proceed to present his defence.
Source-derived case information.
- Citation
- [2024] KEHC 13541 (KLR)
- Parties
- Applicant: Republic; Defendant: Jofetha Khayega Luseno
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2021
- 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
Jofetha Khayega Luseno
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 being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and must proceed to present his defence.
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 Luseno (Criminal Case 22 of 2021) [2024] KEHC 13541 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13541 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 22 of 2021
JN Kamau, J
October 30, 2024
Between
Republic
Prosecution
and
Jofetha Khayega Luseno
Accused
Ruling
1. This matter was partly heard by Musyoka J. This court became seized of the same on 16th January 2024. The parties asked it to proceed from where the same had reached.
2. On 24th July 2024, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
3. Both parties did not to file 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 OCTOBER 2024J. KAMAUJUDGE