[2020] KEHC 9163 (KLR)

[2020] KEHC 9163 (KLR)

The court found that the prosecution had established a prima facie case against the first accused, Rose Thirikwa Ikiao, and therefore she was put on her defence in accordance with Section 211 of the Criminal Procedure Code. However, the court determined that no prima facie case had been established against the...

Source-derived case information.

Citation
[2020] KEHC 9163 (KLR)
Parties
Applicant: Republic; Defendant: Rose Thirikwa Ikiao; Defendant: Stanley Karuti Merimba
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 82 of 2015
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
First accused put on defence; second accused acquitted at close of prosecution case.
Judges
A Mabeya
Legal Topics
Prima Facie Case, Acquittal, Defence Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Prima Facie Case Acquittal Defence Case Criminal Procedure Burden of Proof

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Rose Thirikwa Ikiao

Defendant

Stanley Karuti Merimba

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against each accused to warrant being put on their defence.
  2. 2 Whether the second accused should be acquitted under Section 210 of the Criminal Procedure Code.

Ratio Decidendi

The court found that the prosecution had established a prima facie case against the first accused, Rose Thirikwa Ikiao, and therefore she was put on her defence in accordance with Section 211 of the Criminal Procedure Code. However, the court determined that no prima facie case had been established against the second accused, Stanley Karuti Merimba, and thus he was acquitted under Section 210 of the Criminal Procedure Code. The reasons for the acquittal of the second accused were reserved for the final judgment.

Court Disposition

First accused put on defence; second accused acquitted at close of prosecution case.

Orders

  • First accused, Rose Thirikwa Ikiao, is put on her defence under Section 211 of the Criminal Procedure Code.
  • Second accused, Stanley Karuti Merimba, is acquitted under Section 210 of the Criminal Procedure Code.