[2022] KEHC 12999 (KLR)
The court found that the prosecution's evidence, as presented by eleven witnesses, was sufficient to establish a prima facie case against both accused persons. Consequently, the accused are required to be put on their defence in accordance with section 211 of the Criminal Procedure Code. The court explained the...
Source-derived case information.
- Citation
- [2022] KEHC 12999 (KLR)
- Parties
- Applicant: Republic; Defendant: Janet Nthoki Mumo; Defendant: Scholastica Nduku
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Janet Nthoki Mumo
Defendant
Scholastica Nduku
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 persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented by eleven witnesses, was sufficient to establish a prima facie case against both accused persons. Consequently, the accused are required to be put on their defence in accordance with section 211 of the Criminal Procedure Code. The court explained the three options available to the accused in making their defence, as mandated by law.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- Both accused persons are put on their defence.
- The three options available under section 211 of the Criminal Procedure Code are explained to each accused.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Mumo & another (Criminal Case 14 of 2018) [2022] KEHC 12999 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 12999 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case 14 of 2018
GMA Dulu, J
September 20, 2022
Between
Republic
Prosecution
and
Janet Nthoki Mumo
1st Accused
Scholastica Nduku
2nd Accused
Ruling
1. I have considered the evidence on record tendered by the eleven (11) prosecution witnesses.
2. In my view, the prosecution has established a prima facie case against the two accused persons. They thus have a case to answer, and so find.
3. Consequently, I hereby put the two accused persons on their defence and proceed to explain to each of them the three options available to them in their defence under section 211 of the Criminal Procedure Code.
DELIVERED, SIGNED & DATED THIS 20THDAY OF SEPTEMBER 2022, IN OPEN COURT AT MAKUENI.……………………………….GEORGE DULUJUDGE