[2011] KEHC 2924 (KLR)

[2011] KEHC 2924 (KLR)

The court found that the prosecution had established a prima facie case against the accused, meaning that there was sufficient evidence on record which, if uncontroverted, would warrant a conviction. Consequently, the accused was called upon to elect the mode of defence he preferred, as required by law at the close...

Source-derived case information.

Citation
[2011] KEHC 2924 (KLR)
Parties
Applicant: Republic; Defendant: Rock Ondanje Okaya alias Tabu
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 1 of 2003
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
The accused was found to have a case to answer and was called upon to make his defence.
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

Rock Ondanje Okaya alias Tabu

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 to warrant putting him on his defence.

Ratio Decidendi

The court found that the prosecution had established a prima facie case against the accused, meaning that there was sufficient evidence on record which, if uncontroverted, would warrant a conviction. Consequently, the accused was called upon to elect the mode of defence he preferred, as required by law at the close of the prosecution's case in a criminal trial.

Court Disposition

The accused was found to have a case to answer and was called upon to make his defence.

Orders

  • The accused is found to have a case to answer.
  • The accused is called upon to determine and state the mode of defence he prefers.