[2022] KEHC 15959 (KLR)
The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against both accused persons. Consequently, the court ruled that both accused persons have a case to answer and should be put on their defence in accordance with section 211 of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2022] KEHC 15959 (KLR)
- Parties
- Applicant: Republic; Defendant: Geofry Kioko Mwinzi; Defendant: Erickness Mugure Masase
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Both accused persons found to have a case to answer and put on their defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geofry Kioko Mwinzi
Defendant
Erickness Mugure Masase
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against both accused persons. Consequently, the court ruled that both accused persons have a case to answer and should be put on their defence in accordance with section 211 of the Criminal Procedure Code.
Court Disposition
Both accused persons found to have a case to answer and put on their defence.
Orders
- Both accused persons are put on their defence under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Mwinzi & another (Criminal Case 19 of 2020) [2022] KEHC 15959 (KLR) (29 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15959 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case 19 of 2020
GMA Dulu, J
November 29, 2022
Between
Republic
Prosecution
and
Geofry Kioko Mwinzi
1st Accused
Erickness Mugure Masase
2nd Accused
Ruling
1. I have considered the evidence of the prosecution on record. In my view, the prosecution has established a prima facie case against both the accused persons herein. Both accused persons have a case to answer.
2. I thus put the two accused persons herein on their defence and will proceed to explain to them the three options available to them in their defence under section 211 of the Criminal Procedure Code (Cap. 75).
DELIVERED, SIGNED & DATED THIS 29TH DAY OF NOVEMBER, 2022, IN OPEN COURT AT MAKUENI.……………………………….GEORGE DULUJUDGE