[2022] KEHC 16939 (KLR)
The court found that the prosecution had adduced sufficient evidence through its witnesses, who placed the accused at the scene of the crime. This evidence met the threshold for a prima facie case as required by law. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2022] KEHC 16939 (KLR)
- Parties
- Applicant: Republic; Defendant: David Malika Tabu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2020
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- 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
David Malika Tabu
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 the prosecution had adduced sufficient evidence through its witnesses, who placed the accused at the scene of the crime. This evidence met the threshold for a prima facie case as required by law. Consequently, the accused was put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court was satisfied that the prosecution had established a case that required an answer from the accused, and thus the matter would proceed to the defence stage.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Tabu (Criminal Case 18 of 2020) [2022] KEHC 16939 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16939 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 18 of 2020
WM Musyoka, J
December 23, 2022
Between
Republic
Prosecution
and
David Malika Tabu
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, for he was placed at the scene by the witnesses, 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. Shijenje, Advocate for the accused person.