[2023] KEHC 3497 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court was satisfied that the evidence on record, if unchallenged,...
Source-derived case information.
- Citation
- [2023] KEHC 3497 (KLR)
- Parties
- Applicant: Republic; Defendant: Ezekiel Sibwabo Makangaya; Defendant: Ibrahim Amakobe Makangaya; Defendant: Asman Munyanya Makangaya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 58 of 2014
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons put on their defence.
- Judges
- WM Musyoka
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ezekiel Sibwabo Makangaya
Defendant
Ibrahim Amakobe Makangaya
Defendant
Asman Munyanya Makangaya
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Consequently, the accused were put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court was satisfied that the evidence on record, if unchallenged, could potentially result in a conviction, thus necessitating the defence to be heard.
Court Disposition
Accused persons put on their defence.
Orders
- The accused persons are hereby put on their defence.
- The defence hearing shall be conducted by the judge's successors at Kakamega.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Makangaya & 2 others (Criminal Case 58 of 2014) [2023] KEHC 3497 (KLR) (28 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3497 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 58 of 2014
WM Musyoka, J
April 28, 2023
Between
Republic
Prosecution
and
Ezekiel Sibwabo Makangaya
1st Accused
Ibrahim Amakobe Makangaya
2nd Accused
Asman Munyanya Makangaya
3rd Accused
Ruling
I have perused the record, and I am persuaded that the Republic has adduced sufficient evidence, to warrant the accused persons being put on their defence, and I hereby put them on their defence. Let the defence hearing be done by my successors at Kakamega.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 28TH DAY OF APRIL 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMs. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Ms. Rauto, Advocate for the accused person.