[2018] KEHC 7894 (KLR)
The court, after considering the evidence of eight prosecution witnesses and the written submissions of the accused persons, found that the prosecution had established a prima facie case against all accused persons. The evidence on record, if left unchallenged, would be sufficient to warrant a conviction. Therefore,...
Source-derived case information.
- Citation
- [2018] KEHC 7894 (KLR)
- Parties
- Applicant: Republic; Defendant: Samson Mboga Mwavingi; Defendant: Elam Njaka Mwamodo; Defendant: Ezekiel Mwakio Mboga; Defendant: Simon Mwakina Mwambagha
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samson Mboga Mwavingi
Defendant
Elam Njaka Mwamodo
Defendant
Ezekiel Mwakio Mboga
Defendant
Simon Mwakina Mwambagha
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant them being put on their defence.
Ratio Decidendi
The court, after considering the evidence of eight prosecution witnesses and the written submissions of the accused persons, found that the prosecution had established a prima facie case against all accused persons. The evidence on record, 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 of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 4 OF 2015
REPUBLIC
VERSUS
SAMSON MBOGA MWAVINGI……………….…1ST ACCUSED PERSON
ELAM NJAKA MWAMODO……….……....……2ND ACCUSED PERSON
EZEKIEL MWAKIO MBOGA…….……….....…..3RD ACCUSED PERSON
SIMON MWAKINA MWAMBAGHA……….........4TH ACCUSED PERSON
RULING
1. On30thNovember 2017, the Prosecution closed its case after calling a total of eight (8) Prosecution witnesses.
2. The court directed counsel for the State and counsel for the Accused person to file their respective Written Submissions on the question of whether or not the Accused persons had cases to answer. The Accused persons were directed to file their Written Submissions by 5th January 2018 while the State was to file its Written Submissions by 5th February 2018.
3. When the matter came up in court on 6th February 2018, none of the parties herein had filed their respective Written Submissions. This court therefore extended the time within which they were to file their respective Written Submissions.
4. While the Accused person filed his Written Submissions and List of Authorities in support of his case both dated 20th February 2018 on 21st February 2018, the State informed this court that it would not file any Written Submissions but would instead rely on the evidence that had been adduced during trial.
5. Having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by the Accused persons, the court was of the opinion that a prima facie case had been established against the Accused persons to warrant them being put on their Defence. They are hereby put on their defence.
6. It is so ordered.
DATED and DELIVERED at VOI this 8thday of March2018
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba for State
Kertiony h/b for Were and Miss Omollo for Accused persons
Susan Sarikoki– Court Clerk