[2010] KEHC 587 (KLR)

[2010] KEHC 587 (KLR)

The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against all three accused persons. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on...

Source-derived case information.

Citation
[2010] KEHC 587 (KLR)
Parties
Applicant: Republic; Defendant: Saidi Abdalla Wanje; Defendant: Rehema Abdalla Wanje; Defendant: Abdalla Athman Lwembe
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 12 of 2008
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
accused persons to be put on their defence
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Saidi Abdalla Wanje

Defendant

Rehema Abdalla Wanje

Defendant

Abdalla Athman Lwembe

Defendant

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against all three accused persons. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the guilt or innocence of the accused at this stage, but only determined that there is a case to answer.

Court Disposition

accused persons to be put on their defence

Orders

  • The three accused persons shall be put to their defence.