[2016] KEHC 1161 (KLR)
The court, after considering the evidence of the prosecution witnesses, found that a prima facie case had been established against the accused person. This finding was based on the standard that if the accused chose to remain silent, a conviction could result on the evidence presented. Therefore, the accused was...
Source-derived case information.
- Citation
- [2016] KEHC 1161 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohamed Jiro Godana
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- CM Kamau
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mohamed Jiro Godana
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 him to be put on his defence.
Ratio Decidendi
The court, after considering the evidence of the prosecution witnesses, found that a prima facie case had been established against the accused person. This finding was based on the standard that if the accused chose to remain silent, a conviction could result on the evidence presented. Therefore, the accused was required to be put on his defence in accordance with the law.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 1 OF 2014
REPUBLIC
VERSUS
MOHAMED JIRO GODANA
RULING
1. On 26th September 2016, the Prosecution closed its case after calling a total of seven (8) Prosecution witnesses.
2. On the same date, both the counsel for the State and counsel for the Accused person asked the court to rely on the evidence that was adduced during trial in deciding the question of whether or not the Accused person had a case to answer as they did not wish to file any Written Submissions.
3. Accordingly, having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person to warrant him being put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 6th day of October 2016
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba………….. for State
Were……………..……….for Accused person
Ruth Kituva– Court Clerk