[2022] KEHC 16936 (KLR)
The court found that the prosecution had established a prima facie case against the accused person, as he was placed at the scene of the crime by one of the witnesses. This evidence was deemed sufficient to require the accused to be put on his defence, in accordance with the standard set out in Section 306 of the...
Source-derived case information.
- Citation
- [2022] KEHC 16936 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Wafula Mikisi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 70 of 2015
- 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
Julius Wafula Mikisi
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 the prosecution had established a prima facie case against the accused person, as he was placed at the scene of the crime by one of the witnesses. This evidence was deemed sufficient to require the accused to be put on his defence, in accordance with the standard set out in Section 306 of the Criminal Procedure Code and relevant case law. The court therefore ruled that the accused must be called upon to answer the charge and present his defence.
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 Mikisi (Criminal Case 70 of 2015) [2022] KEHC 16936 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16936 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 70 of 2015
WM Musyoka, J
December 23, 2022
Between
Republic
Prosecution
and
Julius Wafula Mikisi
Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing and seeing some the witnesses testify herein.
2. Am persuaded that the Republic has established aprima facie case against the accused person, for he was placed at the scene by one of the witnesses, and I hereby put him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23RD DAY OF DECEMBER, 2022. WM MUSYOKAJUDGEMr Erick Zalo, Court Assistant.Ms Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr Getanda, Advocate for the accused person.