[2022] KEHC 16919 (KLR)
The court found that, upon reviewing the record and having heard and seen all the prosecution witnesses testify, the evidence adduced by the prosecution established a prima facie case against the accused person. Consequently, the accused is required to be put on his defence in accordance with the law. The decision...
Source-derived case information.
- Citation
- [2022] KEHC 16919 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Saya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E127 of 2021
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- Judges
- WM Musyoka
- 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
Applicant
Joel Saya
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused person to warrant putting him on his defence.
Ratio Decidendi
The court found that, upon reviewing the record and having heard and seen all the prosecution witnesses testify, the evidence adduced by the prosecution established a prima facie case against the accused person. Consequently, the accused is required to be put on his defence in accordance with the law. The decision is based on the statutory threshold for a prima facie case as set out in the Criminal Procedure Code and relevant judicial precedents.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused person is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Saya (Criminal Case E127 of 2021) [2022] KEHC 16919 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16919 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E127 of 2021
WM Musyoka, J
December 23, 2022
Between
Republic
Prosecution
and
Joel Saya
Accused
Ruling
1. I have gone through the record herein, and I also had the benefit of hearing and seeing all the witnesses testify herein.
2. Am persuaded that the republic has established a prima facie case against the accused person, and I hereby put him on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 23rd DAY OF December 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Ms. Aligula, Advocate for the accused person.