[2023] KEHC 23895 (KLR)
The court found that the evidence presented by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution...
Source-derived case information.
- Citation
- [2023] KEHC 23895 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Mbayi Olubwayo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence; case to answer found.
- Judges
- PJO Otieno
- 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
Collins Mbayi Olubwayo
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 person to warrant placing him on his defence.
Ratio Decidendi
The court found that the evidence presented by the prosecution through five witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold required at this stage, and the matter would proceed to defence hearing.
Court Disposition
Accused placed on his defence; case to answer found.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 4/12/2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Olubwayo (Criminal Case 14 of 2016) [2023] KEHC 23895 (KLR) (13 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23895 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 14 of 2016
PJO Otieno, J
October 13, 2023
Between
Republic
Prosecution
and
Collins Mbayi Olubwayo
Accused
Ruling
1. The court has perused the evidence recorded from the five (5) witnesses called by the Prosecution and finds that there is a prima facie case disclosed against the Accused person.
2. He is therefore placed on his defence because he has a case to answer.
3. Defence Hearing on 4/12/2023.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 13TH DAY OF OCTOBER 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Khayumbi for Kombwayo for the AccusedCourt Assistant: Polycap Mukabwa