[2023] KEHC 23348 (KLR)

[2023] KEHC 23348 (KLR)

The court found that, upon perusal of the record and after hearing some of the prosecution witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the law.

Source-derived case information.

Citation
[2023] KEHC 23348 (KLR)
Parties
Applicant: Republic; Defendant: Simon Osangir Omusolo
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Case Number
Criminal Case E006 of 2022
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
The accused is found to have a case to answer and is put on his defence.
Judges
WM Musyoka
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
en
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Simon Osangir Omusolo

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 person to warrant putting him on his defence.

Ratio Decidendi

The court found that, upon perusal of the record and after hearing some of the prosecution witnesses, the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the law.

Court Disposition

The accused is found to have a case to answer and is put on his defence.

Orders

  • The accused is put on his defence.
  • The defence hearing shall happen on a date to be appointed at the delivery of this ruling.