[2022] KEHC 14186 (KLR)
The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused. This finding means that the evidence presented, if uncontradicted, would be sufficient to prove the case against the accused. Consequently, the accused is required to be...
Source-derived case information.
- Citation
- [2022] KEHC 14186 (KLR)
- Parties
- Applicant: Republic; Defendant: Eugene Makotsi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2016
- 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
Eugene Makotsi
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 hearing the witnesses, the prosecution had established a prima facie case against the accused. This finding means that the evidence presented, if uncontradicted, would be sufficient to prove the case against the accused. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
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 Makotsi (Criminal Case 49 of 2016) [2022] KEHC 14186 (KLR) (21 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14186 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 49 of 2016
WM Musyoka, J
October 21, 2022
Between
Republic
Prosecution
and
Eugene Makotsi
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 person, and I hereby put him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 21ST DAY OF OCTOBER 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.