[2015] KEHC 3062 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2015] KEHC 3062 (KLR)
- Parties
- Respondent: Republic; Defendant: Safari Benjamin Chea alias Owilo
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2014
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- SJ Chitembwe
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Safari Benjamin Chea alias Owilo
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
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 the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was required to be put on his defence in accordance with the Criminal Procedure Code.
Court Disposition
accused put on his defence
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MALINDI
HCR. NO.21 OF 2014
REPUBLIC..................................................PROSECUTION
VRS
SAFARI BENJAMIN CHEAaliasOWILO................ACCUSED
RULING
From the evidence on record, I do find that the prosecution has established a prima facie case against the accused who is hereby put on his defence.
Dated, signed and delivered at Malindi this 29th day of July, 2015.
SAID J. CHITEMBWE
JUDGE