[2022] KEHC 13488 (KLR)
The court found that, after reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the evidence...
Source-derived case information.
- Citation
- [2022] KEHC 13488 (KLR)
- Parties
- Applicant: Republic; Defendant: Judith Iminza Mukuna
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on her defence.
- Judges
- WM Musyoka
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Judith Iminza Mukuna
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused person to warrant her being put on her defence.
Ratio Decidendi
The court found that, after reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The ruling did not address the merits of the evidence but determined that the threshold for a prima facie case had been met, requiring the accused to respond to the prosecution's case.
Court Disposition
Accused put on her defence.
Orders
- The accused, Judith Iminza Mukuna, is hereby put on her defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Mukuna (Criminal Case 28 of 2018) [2022] KEHC 13488 (KLR) (23 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13488 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 28 of 2018
WM Musyoka, J
September 23, 2022
Between
Republic
Prosecution
and
Judith Iminza Mukuna
Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing the witnesses herein.
2. Am persuaded that the Republic has established a prima facie case against the accused person, and I hereby put her on her defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23RD DAY OF SEPTEMBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Mr. Chigiti, instructed by the Director of Public Prosecutions, for the Republic.Mr. Chitwa, Advocate for the accused person.