[2023] KEHC 17980 (KLR)

[2023] KEHC 17980 (KLR)

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Applying the test under Section 306(2) of the Criminal Procedure Code and relevant case law, the judge determined that a reasonable tribunal could convict on the evidence presented if the...

Source-derived case information.

Citation
[2023] KEHC 17980 (KLR)
Parties
Applicant: Republic; Defendant: Shadrack Akumbi Opati; Defendant: Jane Abuli Aroya alias Dorcas; Defendant: Elphas Ochieng Okaalo alias Babu
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 18 of 2018
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Outcome
Accused persons put on their defence.
Judges
WM Musyoka
Legal Topics
Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
Source Language
en
Criminal Law Case to Answer Prima Facie Evidence Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Shadrack Akumbi Opati

Defendant

Jane Abuli Aroya alias Dorcas

Defendant

Elphas Ochieng Okaalo alias Babu

Defendant

Procedural Posture

Criminal Case / Ruling on Whether Accused Have a Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.

Ratio Decidendi

The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused persons. Applying the test under Section 306(2) of the Criminal Procedure Code and relevant case law, the judge determined that a reasonable tribunal could convict on the evidence presented if the accused persons remained silent. Consequently, the accused persons were put on their defence, and the matter was set for defence hearing before the judge's successors at Kakamega.

Court Disposition

Accused persons put on their defence.

Orders

  • The accused persons are put on their defence.
  • The defence hearing shall be conducted by the judge's successors at Kakamega.