[2022] KEHC 16915 (KLR)
The court found that, upon reviewing the record and having observed the witnesses, the prosecution had established a prima facie case against the accused person. This finding required the accused to be put on his defence in accordance with the law. The court was satisfied that the evidence presented by the...
Source-derived case information.
- Citation
- [2022] KEHC 16915 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Ikunza Lusuli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Ikunza Lusuli
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused person to warrant putting him on his defence.
Ratio Decidendi
The court found that, upon reviewing the record and having observed the witnesses, the prosecution had established a prima facie case against the accused person. This finding required the accused to be put on his defence in accordance with the law. The court was satisfied that the evidence presented by the prosecution, if believed, could result in a conviction, thus meeting the threshold for a prima facie case as set out in Kenyan criminal procedure and relevant case law.
Court Disposition
Accused put on his defence.
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Lusuli (Criminal Case 11 of 2018) [2022] KEHC 16915 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16915 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 11 of 2018
WM Musyoka, J
December 23, 2022
Between
Republic
Prosecution
and
Simon Ikunza Lusuli
Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing and seeing all the witnesses testify herein.
2. Am persuaded that the republic has established a prima facie case against the accused person, and I hereby put them on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23RD DAY OF DECEMBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Otsyeno, Advocate for the accused person.