[2023] KEHC 2777 (KLR)
The court found that, after reviewing the record and observing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling was based on the sufficiency of the...
Source-derived case information.
- Citation
- [2023] KEHC 2777 (KLR)
- Parties
- Applicant: Republic; Defendant: Faraj Wafula Makokha
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2017
- 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
Faraj Wafula Makokha
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, after reviewing the record and observing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling was based on the sufficiency of the prosecution's evidence to meet the threshold for a prima facie case, as articulated in the Bhatt v Republic precedent.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Makokha (Criminal Case 6 of 2017) [2023] KEHC 2777 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2777 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 6 of 2017
WM Musyoka, J
March 24, 2023
Between
Republic
Prosecution
and
Faraj Wafula Makokha
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 him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 24th DAY OF March 2023W. M. MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Munyendo, Advocate for the accused person.