[2023] KEHC 2764 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. The judge, after reviewing the record and observing the witnesses, was persuaded that the threshold for a prima facie case had been met. Consequently, the accused was put on his defence in...
Source-derived case information.
- Citation
- [2023] KEHC 2764 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Mwachi Musundi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2019
- 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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fred Mwachi Musundi
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. The judge, after reviewing the record and observing the witnesses, was persuaded that the threshold for a prima facie case had been met. Consequently, the accused was put on his defence in accordance with the requirements of the Criminal Procedure Code and established legal standards for criminal trials at the close of the prosecution's case.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Musundi (Criminal Case 62 of 2019) [2023] KEHC 2764 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2764 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 62 of 2019
WM Musyoka, J
March 24, 2023
Between
Republic
Prosecution
and
Fred Mwachi Musundi
Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing and seeing all the witnesses testify herein.
2. Am persuaded that the Republic has established a prima faciecase against the accused person, and I hereby put him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 24th .DAY OF March 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Mbaka, Advocate for the accused person.