[2017] KEHC 3827 (KLR)
The court found that, after considering the evidence of the twelve prosecution witnesses and the submissions by the State, a prima facie case had been established against the accused persons. This finding required the accused to be put on their defence in accordance with the law. The court was satisfied that the...
Source-derived case information.
- Citation
- [2017] KEHC 3827 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwanyika Mbele; Defendant: Saidi Mwake
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- CM Kamau
- Legal Topics
- Prima Facie Case, 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
Mwanyika Mbele
Defendant
Saidi Mwake
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the twelve prosecution witnesses and the submissions by the State, a prima facie case had been established against the accused persons. This finding required the accused to be put on their defence in accordance with the law. The court was satisfied that the prosecution's evidence, if uncontroverted, could potentially result in a conviction, thus meeting the threshold for a case to answer as set out in Kenyan criminal procedure.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 5 OF 2015
REPUBLIC
VERSUS
MWANYIKA MBELE……………….1ST ACCUSED PERSON
SAIDI MWAKE…………......………2ND ACCUSED PERSON
RULING
1. On 28th March 2017, the Prosecution closed its case after calling a total of twelve (12) Prosecution witnesses.
2. Counsel for the Accused persons indicated that he would not file Written Submissions on the question of whether or not the said Accused persons had a case to answer. However, the State requested for time to file the same. It filed its Written Submissions dated 12th April 2017.
3. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by counsel for the State, this court was of the opinion that a prima facie case had been established against the Accused persons to warrant them being put on their Defence. They are hereby put on their defence.
4. It is so ordered.
DATED and DELIVERED at VOI this 3rd day of May 2017
J. KAMAU
JUDGE
In the presence of:-
Mwinzi for Accused persons
Miss Anyumba for State
Josephat Mavu– Court Clerk