[2022] KEHC 13757 (KLR)
The court found that the prosecution had established a prima facie case against the accused by adducing evidence that placed her at the scene of the crime through witness testimony. Consequently, the accused was put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was...
Source-derived case information.
- Citation
- [2022] KEHC 13757 (KLR)
- Parties
- Applicant: Republic; Defendant: Susan Sorhe Mulamula
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2014
- 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
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Parties
Republic
Applicant
Susan Sorhe Mulamula
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 to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused by adducing evidence that placed her at the scene of the crime through witness testimony. Consequently, the accused was put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, and the matter would proceed to the defence stage.
Court Disposition
Accused put on her defence.
Orders
- The accused is hereby put on her defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Mulamula (Criminal Case 2 of 2014) [2022] KEHC 13757 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13757 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 2 of 2014
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Susan Sorhe Mulamula
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, for she was placed at the scene by the witnesses, and I hereby put her on her defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 7th DAY OF October 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Matete, Advocate for the accused person.