[2022] KEHC 14220 (KLR)

[2022] KEHC 14220 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against both accused persons. As a result, 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. The...

Source-derived case information.

Citation
[2022] KEHC 14220 (KLR)
Parties
Applicant: Republic; Defendant: Michael Njeru alias Kecha; Defendant: Julius Kipkoskei Yegon alias Kipyegen
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Criminal Case 15 of 2016
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Both accused persons found to have a case to answer and ordered to be put on their defence.
Judges
AN Ongeri
Legal Topics
Prima Facie Case, Case to Answer, Section 211 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Case to Answer Section 211 Criminal Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Michael Njeru alias Kecha

Defendant

Julius Kipkoskei Yegon alias Kipyegen

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 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 had adduced sufficient evidence to establish a prima facie case against both accused persons. As a result, 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. The decision was based on the evaluation of the prosecution's evidence, which met the threshold required at this stage of the proceedings.

Court Disposition

Both accused persons found to have a case to answer and ordered to be put on their defence.

Orders

  • Both accused persons to be put on their defence.
  • Section 211 of the Criminal Procedure Code to be complied with.