[2025] KEHC 1246 (KLR)
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions of the accused, the prosecution had established a prima facie case against the accused. This finding was based on the standard that, if the accused chose to remain silent, a reasonable tribunal could...
Source-derived case information.
- Citation
- [2025] KEHC 1246 (KLR)
- Parties
- Applicant: Republic; Defendant: Derrick Mayabi Makutsa alias Dero
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E019 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- JN Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Derrick Mayabi Makutsa alias Dero
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of the six prosecution witnesses and the written submissions of the accused, the prosecution had established a prima facie case against the accused. This finding was based on the standard that, if the accused chose to remain silent, a reasonable tribunal could convict on the evidence presented. Consequently, the accused was 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
19 paragraphs
Republic v Makutsa alias Dero (Criminal Case E019 of 2023) [2025] KEHC 1246 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1246 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case E019 of 2023
JN Kamau, J
February 27, 2025
Between
Republic
Prosecutor
and
Derrick Mayabi Makutsa alias Dero
Accused
Ruling
1. On 23rd October 2024, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
2. The Accused person’s Written Submissions on whether or not he had a case to answer were dated 4th December 2024 and filed on 17th December 2024. On the other hand, the Prosecution did not file any Written Submissions but relied on the evidence that had been adduced by the Prosecution witnesses.
3. Having carefully considered the evidence by the Prosecution witnesses and the Accused person’s Written Submissions, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.
4. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 27TH DAY OF FEBRUARY 2025J. KAMAUJUDGE