[2024] KEHC 7810 (KLR)
The court found that, after considering the evidence of nine prosecution witnesses, a prima facie case had been established against the accused. This finding was made in accordance with the standard set out in Section 306(2) of the Criminal Procedure Code, which requires the court to determine whether there is...
Source-derived case information.
- Citation
- [2024] KEHC 7810 (KLR)
- Parties
- Applicant: Republic; Defendant: Hesbon Mutongi Onzere
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- Judges
- JN 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
Hesbon Mutongi Onzere
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 to warrant putting him on his defence.
Ratio Decidendi
The court found that, after considering the evidence of nine prosecution witnesses, a prima facie case had been established against the accused. This finding was made in accordance with the standard set out in Section 306(2) of the Criminal Procedure Code, which requires the court to determine whether there is sufficient evidence to call upon the accused to make a defence. The absence of written submissions from either party did not affect the court's assessment, as the prosecution indicated reliance on the evidence on record. Consequently, the accused was put on his defence to answer to the charges.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Onzere (Criminal Case 16 of 2021) [2024] KEHC 7810 (KLR) (24 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7810 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 16 of 2021
JN Kamau, J
June 24, 2024
Between
Republic
Prosecution
and
Hesbon Mutongi Onzere
Accused
Ruling
1. This matter was partly heard by Njagi and Musyoka JJ. Njagi J took the evidence of Agnetah Kalewa Kitali (hereinafter referred to as “PW 1”) and Maclard Amugune (hereinafter referred to as “PW 2”) while Musyoka J took the evidence of Dr Masika Collins Were (hereinafter referred to as “PW 3”) and that of Veronica Musindi Mzee (hereinafter referred to as “PW 4”).
2. This court became seized of this matter on 8th March 2023. It took the evidence of Sharon Madiga Vikini (hereinafter referred to as “PW 5”), Farex Muyera (hereinafter referred to as “PW 6”), Sharon Khavochi Lijodi (hereinafter referred to as “PW 7”), No 86488 PC Joshua Mwania (hereinafter referred to as “PW 8”) and No 80056 Sergeant James Makoba (hereinafter referred to as “PW 9”).
3. On 11th March 2024, the Prosecution closed its case after calling a total of nine (9) Prosecution witnesses.
4. Neither the Prosecution nor the Accused person filed Written Submissions on the question whether or not the Accused person had a case to answer or not. The Prosecution indicated that it would rely on the evidence on record.
5. Having carefully considered the evidence of the said Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the Accused person herein to warrant him being put on his defence. He is hereby put on his defence.
6. It is so ordered.
DATED AND DELIVERED AT VIHIGA THIS 24TH DAY OF JUNE 2024J. KAMAUJUDGE