[2022] KEHC 13848 (KLR)
The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused persons. This finding means that the evidence presented by the prosecution, if uncontroverted, would be sufficient to justify a conviction. Therefore, the accused persons...
Source-derived case information.
- Citation
- [2022] KEHC 13848 (KLR)
- Parties
- Applicant: Republic; Defendant: Elkanah Maina; Defendant: Victor Maina Alias Samuel
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2016
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Close of Prosecution Case
- Outcome
- accused persons put on their 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
Elkanah Maina
Defendant
Victor Maina Alias Samuel
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Close of Prosecution Case
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 found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused persons. This finding means that the evidence presented by the prosecution, if uncontroverted, would be sufficient to justify a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a prima facie case had been met.
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
19 paragraphs
Republic v Maina & another (Criminal Case 48 of 2016) [2022] KEHC 13848 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13848 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 48 of 2016
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Elkanah Maina
1st Accused
Victor Maina Alias Samuel
2nd 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.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Ms. Andia, Advocate for the accused person.