[2022] KEHC 13759 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, as she was placed at the scene by witnesses. Consequently, the accused was put on her defence in accordance with Section 306 of the Criminal Procedure Code. The court was persuaded that the...
Source-derived case information.
- Citation
- [2022] KEHC 13759 (KLR)
- Parties
- Applicant: Republic; Defendant: Sakina Ingesha Musera
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 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
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Parties
Republic
Applicant
Sakina Ingesha Musera
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 the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, as she was placed at the scene by witnesses. Consequently, the accused was put on her defence in accordance with Section 306 of the Criminal Procedure Code. The court was persuaded that the evidence, if uncontroverted, would warrant a conviction, thus satisfying the legal threshold for a prima facie case at this stage of the criminal trial.
Court Disposition
Accused put on her defence.
Orders
- The accused, Sakina Ingesha Musera, is hereby put on her defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Musera (Criminal Case 48 of 2018) [2022] KEHC 13759 (KLR) (7 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13759 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 48 of 2018
WM Musyoka, J
October 7, 2022
Between
Republic
Prosecution
and
Sakina Ingesha Musera
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 7THDAY OF OCTOBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Otsyeno, instructed by EK Owinyi & Company, Advocates for the accused person.