[2023] KEHC 18317 (KLR)
The court, having heard all the prosecution witnesses and reviewed the record, found that the prosecution had established a prima facie case against the accused. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2023] KEHC 18317 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Wahome Muthondio
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- WM Musyoka
- Legal Topics
- Case to Answer, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philip Wahome Muthondio
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution has adduced sufficient evidence to require the accused to be put on his defence.
Ratio Decidendi
The court, having heard all the prosecution witnesses and reviewed the record, found that the prosecution had established a prima facie case against the accused. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The judge therefore ordered that the accused be put on his defence and directed that the defence hearing be conducted by his successors at Kakamega.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence.
- The defence hearing shall be conducted by the judge's successors at Kakamega.
Full Case Text
Judgment text and source record
16 paragraphs
Republic v Muthondio (Criminal Case 51 of 2019) [2023] KEHC 18317 (KLR) (2 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18317 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 51 of 2019
WM Musyoka, J
June 2, 2023
Between
Republic
Prosecution
and
Philip Wahome Muthondio
Accused
Ruling
1. I have perused the record. I am the one who had also heard all the witnesses in the matter. I am persuaded that the Republic has adduced sufficient evidence, to warrant the accused person being put on his defence, and I hereby put him on his defence. Let the defence hearing be conducted by my successors at Kakamega.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 2ND DAY OF JUNE 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Appearances3. Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Munyendo, Advocate for the accused person.