[2024] KEHC 1556 (KLR)
The court found that the prosecution, having called seven witnesses, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the...
Source-derived case information.
- Citation
- [2024] KEHC 1556 (KLR)
- Parties
- Applicant: Republic; Defendant: Rama Mapenzi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E021 of 2022
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused placed on his defence.
- Judges
- A. Ong’injo
- 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
Rama Mapenzi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called seven witnesses, had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, and accordingly, the accused was informed of his right to defend himself and the matter was set down for defence hearing.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence.
- The accused is informed of his right and method of defending himself.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Mapenzi (Criminal Case E021 of 2022) [2024] KEHC 1556 (KLR) (21 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1556 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E021 of 2022
A. Ong’injo, J
February 21, 2024
Between
Republic
Prosecutor
and
Rama Mapenzi
Accused
Ruling
1. Following the evidence of 7 (seven) prosecution witnesses tendered in this court, it is found that a prima facie case has been established sufficient to place accused on his defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 21ST DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for the StateAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEPARA 2. COURT – Accused informed on right and method of defending himself and he replies.HON. LADY JUSTICE A. ONG’INJOJUDGE21/2/2024ACCUSED – I will give sworn evidence. I don’t have a witness.COURT – Defence hearing on 7/03/2024HON. LADY JUSTICE A. ONG’INJOJUDGE21/2/2024Cr. Case E021. 2022 2 A. Ong’injo J