[2024] KEHC 2062 (KLR)
The court found that the prosecution, having called six witnesses, had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on her defence, in accordance with the threshold set by law for determining whether a case to answer exists at the close of...
Source-derived case information.
- Citation
- [2024] KEHC 2062 (KLR)
- Parties
- Applicant: Republic; Defendant: Rachael Muhalia Alias Deinah
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on her defence.
- Judges
- JN 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
Rachael Muhalia Alias Deinah
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 warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, had established a prima facie case against the accused. The evidence on record was sufficient to require the accused to be put on her defence, in accordance with the threshold set by law for determining whether a case to answer exists at the close of the prosecution's case. The absence of written submissions did not affect the court's ability to assess the evidence and reach this conclusion.
Court Disposition
Accused put on her defence.
Orders
- The accused is hereby put on her defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Muhalia alias Deinah (Criminal Case 9 of 2021) [2024] KEHC 2062 (KLR) (28 February 2024) (Ruling)
Neutral citation: [2024] KEHC 2062 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 9 of 2021
JN Kamau, J
February 28, 2024
Between
Republic
Prosecution
and
Rachael Muhalia Alias Deinah
Accused
Ruling
1. This matter was part heard before Musyoka J. This court became seized of the same on 21st March 2023 and parties asked it to proceed from where the matter had reached.
2. On 5th February 2024, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses.
3. Both the Prosecution and the Accused person did not file any Written Submissions on the question of whether or not the Accused person had a case to answer. They both relied on the evidence on record.
4. 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 herein to warrant her being put on her defence. She is hereby put on her defence.
5. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 28TH DAY OF FEBRUARY 2024J. KAMAUJUDGE