[2013] KEHC 5354 (KLR)
The court, after hearing six prosecution witnesses and in the absence of submissions from either side, found that the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was reminded of his rights under section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2013] KEHC 5354 (KLR)
- Parties
- Respondent: Republic of Kenya; Defendant: Samson Gatimu Munguna
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2010
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- J Wakiaga
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Respondent
Samson Gatimu Munguna
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
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, after hearing six prosecution witnesses and in the absence of submissions from either side, found that the prosecution had established a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was reminded of his rights under section 306(2) of the Criminal Procedure Code. The decision was based on the sufficiency of the prosecution's evidence at this stage, which met the threshold for requiring the accused to present his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer.
- The accused is reminded of his rights under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Nyeri
Criminal Case 35 of 2010 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]
REPUBLIC...….………...........................….........................PROSECUTOR
Versus
SAMSON GATIMU MUNGUNA.….....……...........................…ACCUSED
RULING
1. At the close of the prosecution case both the advocates for the accused and the state chose not to make any submissions on no case to answer and having heard the six (6) prosecution witnesses I have no doubt in my mind that the prosecution has established a prima facie case to enable me put the accused person on his defence.
2. I therefore find that the accused has a case to answer and therefore the same is reminded of his rights under section 306(2) of the Criminal Procedure Code.
Dated and delivered at Nyeri this 24th day of January 2013.
J. WAKIAGA
JUDGE