[2022] KEHC 10937 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Daisy Chepkoros Too. Consequently, the court ruled that the accused has a case to answer and must be put on her defence in accordance with Section 211 of the Criminal Procedure Code. The decision...
Source-derived case information.
- Citation
- [2022] KEHC 10937 (KLR)
- Parties
- Applicant: Republic; Defendant: Daisy Chepkoros Too
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; ordered to be put on her defence.
- Judges
- AN Ongeri
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Section 211 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daisy Chepkoros Too
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused person to warrant her being put on her defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused, Daisy Chepkoros Too. Consequently, the court ruled that the accused has a case to answer and must be put on her defence in accordance with Section 211 of the Criminal Procedure Code. The decision was based on the court's assessment of the prosecution's evidence, which met the threshold required at this stage of the criminal trial process.
Court Disposition
Accused found to have a case to answer; ordered to be put on her defence.
Orders
- The accused is found to have a case to answer and is put on her defence.
- Section 211 of the Criminal Procedure Code to be complied with.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Too (Criminal Case 42 of 2019) [2022] KEHC 10937 (KLR) (20 May 2022) (Ruling)
Neutral citation: [2022] KEHC 10937 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 42 of 2019
AN Ongeri, J
May 20, 2022
Between
Republic
Prosecution
and
Daisy Chepkoros Too
Accused
Ruling
1. Upon considering the evidence adduced by the Prosecution, I find that the Prosecution has established a prima facie case to warrant the Accused Person to be put on her defence.
2. I accordingly rule that the Accused Person has a case to answer.
3. Section 211 of the Criminal Procedure Code to be complied with.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 20TH DAY OF MAY, 2022A. N. ONGERIJUDGE