[2023] KEHC 20601 (KLR)

[2023] KEHC 20601 (KLR)

The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were found to have a case to answer and were accordingly put on their defence as...

Source-derived case information.

Citation
[2023] KEHC 20601 (KLR)
Parties
Applicant: Republic; Defendant: Naaman Mai Muhando; Defendant: Dora Ayuko Muhando
Court
High Court
Court Station
High Court at Vihiga
Jurisdiction
Kenya
Case Number
Criminal Case E005 of 2021
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused persons found to have a case to answer; matter to proceed to defence hearing.
Judges
WM Musyoka
Legal Topics
Case to Answer, Criminal Trial Procedure
Source Language
en
Criminal Law Case to Answer Criminal Trial Procedure

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Naaman Mai Muhando

Defendant

Dora Ayuko Muhando

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has adduced sufficient evidence to require the accused persons to be put on their defence.

Ratio Decidendi

The court found that, upon perusal of the record and after hearing all prosecution witnesses, the evidence adduced by the Republic was sufficient to establish a prima facie case against the accused persons. Consequently, the accused were found to have a case to answer and were accordingly put on their defence as required by law.

Court Disposition

Accused persons found to have a case to answer; matter to proceed to defence hearing.

Orders

  • The accused persons are found to have a case to answer and are put on their defence.
  • The defence hearings to be handled by the judge's successors at Vihiga.