[2017] KEHC 6898 (KLR)
The court, after considering the evidence of the seven prosecution witnesses, the written submissions of both counsel, and the case law relied upon, found that the prosecution had established a prima facie case against the accused person. The evidence on record was sufficient to require the accused to be put on his...
Source-derived case information.
- Citation
- [2017] KEHC 6898 (KLR)
- Parties
- Applicant: Republic; Respondent: Moses Sembua Wayo
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- 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
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Parties
Republic
Applicant
Moses Sembua Wayo
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
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, after considering the evidence of the seven prosecution witnesses, the written submissions of both counsel, and the case law relied upon, found that the prosecution had established a prima facie case against the accused person. The evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused person had a case to answer and ordered him to be put on his defence.
Court Disposition
accused put on his defence
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL CASE NO 17 OF 2014
REPUBLIC
VERSUS
MOSES SEMBUA WAYO
RULING
1. On 30thNovember 2016, the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.
On the same date, the court directed that counsel for the State and counsel for the Accused person file their respective Written Submissions on the question of whether or not the Accused person had a case to answer.
2. On 15thFebruary 2016, the Accused person filed his Written Submissions of even date. The State filed its Written Submissions dated 27th February 2017 on 28th February 2017.
4. Accordingly, having carefully considered the evidence by the Prosecution witnesses, the Written Submissions by counsel for the Accused personand counsel for the State and the case law the latter relied upon, 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.
5. It is so ordered.
DATED and DELIVERED at VOI this 28th day of March 2017
J. KAMAU
JUDGE
In the presence of:-
Mwinzi holding brief for Muthami…………for Accused person
Miss Anyumba…………for State
Josephat Mavu– Court Clerk