[2019] KEHC 65 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Mercy Chepngetich Langat, sufficient to require her to be put on her defence. The judge considered the evidence on record and determined that the threshold for a case to answer had been met, invoking the provisions of...
Source-derived case information.
- Citation
- [2019] KEHC 65 (KLR)
- Parties
- Respondent: Republic; Defendant: Mercy Chepngetich Langat
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on her defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mercy Chepngetich Langat
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 her defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Mercy Chepngetich Langat, sufficient to require her to be put on her defence. The judge considered the evidence on record and determined that the threshold for a case to answer had been met, invoking the provisions of section 211 of the Criminal Procedure Code, which outlines the procedure and options available to an accused person at this stage.
Court Disposition
Accused found to have a case to answer and put on her defence.
Orders
- The accused is found to have a case to answer and is put on her defence.
- The accused is to be informed of her options under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO.6 OF 2018
REPUBLIC…………..…………………………………….…..…….PROSECUTOR
VERSUS
MERCY CHEPNGETICH LANGAT……………………...………....…ACCUSED
RULING
1. Having considered the evidence on record, I am of the view that the prosecution has established a prima facie case against the accused to justify being put on her defence.
2. I thus find that the accused has a case to answer and accordingly put her on her defence. I proceed to explain to him the three options available to her in her defence under section 211 of the Criminal Procedure Code (Cap 75).
Dated and delivered at Bomet this 5th day of November 2019.
GEORGE DULU
JUDGE