[2022] KEHC 13575 (KLR)
The court, after reviewing the record and hearing the witnesses, found that the prosecution had established a prima facie case against all accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence...
Source-derived case information.
- Citation
- [2022] KEHC 13575 (KLR)
- Parties
- Applicant: Republic; Defendant: Zablon Anyulu Maende; Defendant: Zedekiah Akaka Amachi; Defendant: Joseph Asitiba Otenyo alias Smati; Defendant: Wycliffe Angana Amachi alias Nehemiah Sibo; Defendant: Silas Muguna Abisai
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2021
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Zablon Anyulu Maende
Defendant
Zedekiah Akaka Amachi
Defendant
Joseph Asitiba Otenyo alias Smati
Defendant
Wycliffe Angana Amachi alias Nehemiah Sibo
Defendant
Silas Muguna Abisai
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 persons to warrant putting them on their defence.
Ratio Decidendi
The court, after reviewing the record and hearing the witnesses, found that the prosecution had established a prima facie case against all accused persons. Consequently, the accused were put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence presented, if unchallenged, could potentially result in a conviction, thus necessitating the defence to be called upon to answer the charges.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Maende & 4 others (Criminal Case 6 of 2021) [2022] KEHC 13575 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13575 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 6 of 2021
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Zablon Anyulu Maende
1st Accused
Zedekiah Akaka Amachi
2nd Accused
Joseph Asitiba Otenyo alias Smati
3rd Accused
Wycliffe Angana Amachi alias Nehemiah Sibo
4th Accused
Silas Muguna Abisai
5th Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing the witnesses herein.
2. Am persuaded that the Republic has established a prima facie case against the accused persons, and I hereby put them on their defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 7th DAY OF OCTOBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Chigiti, instructed by the Director of Public Prosecutions, for the Republic.Mr. Obwatinya, Advocate for the accused person.