[2019] KEHC 7487 (KLR)

[2019] KEHC 7487 (KLR)

The court found that, after considering all the prosecution evidence, a prima facie case had been established against the accused. The absence of submissions on no case to answer from the defence did not affect the court's duty to independently assess the sufficiency of the prosecution's evidence. Consequently, the...

Source-derived case information.

Citation
[2019] KEHC 7487 (KLR)
Parties
Respondent: Republic; Defendant: Moureen Nafula Wanyonyi
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Criminal Case 18 of 2017
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Outcome
Accused found to have a case to answer and called upon to make her defence.
Judges
SN Riechi
Legal Topics
Prima Facie Case, No Case to Answer, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case No Case to Answer Criminal Trial Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Moureen Nafula Wanyonyi

Defendant

Procedural Posture

Criminal Case / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.

Ratio Decidendi

The court found that, after considering all the prosecution evidence, a prima facie case had been established against the accused. The absence of submissions on no case to answer from the defence did not affect the court's duty to independently assess the sufficiency of the prosecution's evidence. Consequently, the accused was called upon to make her defence as required by law.

Court Disposition

Accused found to have a case to answer and called upon to make her defence.

Orders

  • The accused is called upon to make her defence.