[2022] KEHC 14064 (KLR)

[2022] KEHC 14064 (KLR)

The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence presented, if...

Source-derived case information.

Citation
[2022] KEHC 14064 (KLR)
Parties
Applicant: Republic; Defendant: Joshua Musikoye
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 27 of 2018
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
accused put on his defence
Judges
WM Musyoka
Legal Topics
Prima Facie Case, Burden of Proof, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Burden of Proof Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Joshua Musikoye

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused person to warrant putting him on his defence.

Ratio Decidendi

The court found that, upon reviewing the record and hearing the witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the evidence presented, if uncontroverted, could potentially result in a conviction, thus meeting the threshold for a prima facie case as set out in law and precedent.

Court Disposition

accused put on his defence

Orders

  • The accused is hereby put on his defence.