[2018] KEHC 5458 (KLR)
The court found that the prosecution had established a prima facie case against the accused person based on the evidence on record. Consequently, the accused was placed on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case...
Source-derived case information.
- Citation
- [2018] KEHC 5458 (KLR)
- Parties
- Applicant: Republic; Defendant: Sylvia Ojiambo Wanyama
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2016
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- accused placed on her defence
- Judges
- KW Kiarie
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Procedure, Defence Case
- 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
Applicant
Sylvia Ojiambo Wanyama
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant her being placed on her defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused person based on the evidence on record. Consequently, the accused was placed on her defence in accordance with section 306(2) of the Criminal Procedure Code. The court was satisfied that the threshold for a prima facie case had been met, warranting the continuation of the trial and requiring the accused to respond to the prosecution's case.
Court Disposition
accused placed on her defence
Orders
- The accused is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CRIMINAL CASE NO. 24 OF 2016
REPUBLIC................................................PROSECUTOR
VERSUS
SYLVIA OJIAMBO WANYAMA....................ACCUSED
RULING
1. At the close of the prosecution case I was urged to make a finding that the prosecution did not establish a prima facie case against the accused person to warrant her being placed on her defence. The prosecution on the other hand contended that it had discharged its burden.
2. From the evidence on record, I find that the prosecution has established a prima facie case against the accused person. She is accordingly placed on her defence under section 306 (2) of the Criminal Procedure Code.
DELIVEREDandSIGNEDatBUSIA this 17thdayof July, 2018
KIARIE WAWERU KIARIE
JUDGE