[2018] KEHC 9962 (KLR)
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused. This finding means that the accused must now be called upon to answer the charges by presenting her defence. The decision is grounded in the legal standard that, at the close of the...
Source-derived case information.
- Citation
- [2018] KEHC 9962 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Njeri Wanjiku
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on her defence
- Judges
- AM Cockar
- Legal Topics
- Prima Facie Case, Burden of Proof, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Njeri Wanjiku
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 require her to answer the charges.
Ratio Decidendi
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused. This finding means that the accused must now be called upon to answer the charges by presenting her defence. The decision is grounded in the legal standard that, at the close of the prosecution's case, the court must determine whether there is sufficient evidence which, if uncontradicted, would warrant a conviction. The court was satisfied that this threshold had been met and therefore placed the accused on her defence.
Court Disposition
accused placed on her defence
Orders
- The accused is placed on her defence to answer the charges.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL CASE NO. 17 OF 2017
LESIIT, J
REPUBLIC..............................................PROSECUTOR
VERSUS
MARY NJERI WANJIKU..............................ACCUSED
RULING
1. The court has considered the entire evidence adduced by the prosecution in support of its case against the accused person. Having done so, I am satisfied that a prima facie case has been established against the accused to warrant this court to require her to answer the charges he faces.
2. Accordingly, I place the accused on his defence.
DATED, SIGNED AND DELIVERED THIS 13TH DAY OF DECEMBER, 2018.
LESIIT J
JUDGE