[2009] KEHC 320 (KLR)
The court found that the prosecution's evidence, particularly from key witnesses, was sufficient to establish a prima facie case against the accused persons. As a result, the accused are required to be put on their defence in accordance with the law. The decision is based on the assessment that the prosecution has...
Source-derived case information.
- Citation
- [2009] KEHC 320 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Washika Deldad; Defendant: Rinah Omukanda Ateya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- prima facie case established; accused to be put on their defence
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Washika Deldad
Defendant
Rinah Omukanda Ateya
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution's evidence, particularly from key witnesses, was sufficient to establish a prima facie case against the accused persons. As a result, the accused are required to be put on their defence in accordance with the law. The decision is based on the assessment that the prosecution has met the threshold required at this stage of the criminal trial, and the matter should proceed to the defence hearing.
Court Disposition
prima facie case established; accused to be put on their defence
Orders
- The accused are hereby put on their defences.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE 3 OF 2006
REPUBLIC ……………………………………………… PROSECUTOR
V
1. MOSES WASHIKA DELDAD
2. RINAH OMUKANDA ATEYA ) ………..………….……ACCUSED
R U L I N G
After evaluating the prosecutions evidence particularly that of PW1, Johnson Wycliffe Ambani, PW7, Dickson Webuyabu, PW8, Daniel Shipira Lidejere, PW11, Ramadham Chandechi Hassan, PW12, Dr. Margaret Oduor and PW13, Rehema Afubwa said, I find that a prima facie case has been established against the two accused persons. The accused are hereby put on their defences.
Delivered, dated and signed at Kakamega this 16th day of July, 2009.
SAID J. CHITEMBWE
J U D G E