[2016] KEHC 1691 (KLR)
The court, after considering the evidence of nine prosecution witnesses and the written submissions from both parties, found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The...
Source-derived case information.
- Citation
- [2016] KEHC 1691 (KLR)
- Parties
- Appellant: Republic; Respondent: Musya Mulwa
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 5 of 2014
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Musya Mulwa
Respondent
Procedural Posture
Criminal Appeal / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court, after considering the evidence of nine prosecution witnesses and the written submissions from both parties, found that the prosecution had established a prima facie case against the accused. The evidence presented was sufficient to require the accused to be put on his defence, as required by law. The court therefore ordered that the accused be put on his defence to answer to the charges brought against him.
Court Disposition
accused put on his defence
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL APPEAL NO 5 OF 2014
REPUBLIC
VERSUS
MUSYA MULWA
RULING
1. On 16thMarch 2016 the Prosecution closed its case after calling nine (9) Prosecution witnesses.
2. The court directed that counsel for both the State and the Accused person to file their respective Written Submissions on the question of whether or not the Accused person had a case to answer. The Accused person filed his Written Submissions dared 31st March 2016 and cases in support of his case on 14th April 2016. His Further List of Authorities dated 15th April 2016 bore a date of 13th March 2016 as the date of filing. The State’s Written Submissions dated 9th June 2016 and authorities in support of its case were filed on 9th June 2016.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by both the counsel for the State and the Accused person, the court was of the opinion that a prima facie case had been established against the Accused person to warrant him being put on his Defence. He is hereby put on his defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 21stday of June 2016
J. KAMAU
JUDGE
In the presence of:-
Sirima………………..... for State
Mwinzi ………..……….for Accused person
Simon Tsehlo– Court Clerk