[2016] KEHC 1472 (KLR)
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions by both the State and the defence, a prima facie case had been established against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence in...
Source-derived case information.
- Citation
- [2016] KEHC 1472 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Mboi Paul; Defendant: Mwanzia Paul
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2014
- 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 put on their defence.
- Judges
- CM Kamau
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Mboi Paul
Defendant
Mwanzia Paul
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 require them to be put on their defence.
Ratio Decidendi
The court found that, after considering the evidence of the seven prosecution witnesses and the written submissions by both the State and the defence, a prima facie case had been established against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306 of the Criminal Procedure Code. The court was satisfied that the prosecution had met the threshold for a case to answer, and accordingly, the accused persons were called upon to present their defence.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- The accused persons are hereby put on their defence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 14 OF 2014
REPUBLIC
VERSUS
SAMUEL MBOI PAUL……………………………………………………..1ST ACCUSED
MWANZIA PAUL……………………………………………………………2ND ACCUSED
RULING
1. On 10thFebruary 2016 the Prosecution closed its case after calling a total of seven (7) Prosecution witnesses.
2. On the same date, the court directed that 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 person had a case to answer. The matter was mentioned on 10th March 2016 to confirm compliance but none of the counsel had filed the same. The delay in filing the said submissions was occasioned by a change of advocates for the Accused persons.
3. The State finally filed and served its Written Submissions dated 4th July 2016 and the cases in support of its case on the same date. M/S Mulwa, Isika& Mutia Advocates who were subsequently appointed to represent the Accused persons filed their Written Submissions dated 11th July 2016 on 12th July 2016.
4. Accordingly, having carefully considered the evidence by the Prosecution witnesses and the Written Submissions by counsel for the State and thecounsel for the Accused person, 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.
5. It is so ordered.
DATED and DELIVERED at VOI this25th day of July 2016
J. KAMAU
JUDGE
In the presence of:-
Miss Mukangu…………………. for State
Mrs Isika………………..……….for Accused person
Simon Tsehlo– Court Clerk