https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7149
The court held that, after hearing the prosecution evidence, a prima facie case had been established against the accused persons, and they were therefore required to enter their defence.
Source-derived case information.
- Citation
- [2026] KEHC 7149 (KLR)
- Parties
- State: REPUBLIC; 1st Accused: Isaac Torotich; 2nd Accused: Jackson Rotich
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2024
- Procedural Posture
- Criminal Case / Ruling on Whether the Accused Have a Case to Answer After Prosecution Evidence
- Outcome
- Prima facie case found; accused placed on their defence.
- Judges
- ["RPV Wendoh"]
- Legal Topics
- Prima Facie Case, Case to Answer, Accused’s Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
State
Isaac Torotich
1st Accused
Jackson Rotich
2nd Accused
Procedural Posture
Criminal Case / Ruling on Whether the Accused Have a Case to Answer After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution had established a prima facie case requiring the accused persons to be put on their defence.
Ratio Decidendi
The court held that, after hearing the prosecution evidence, a prima facie case had been established against the accused persons, and they were therefore required to enter their defence.
Court Disposition
Prima facie case found; accused placed on their defence.
Orders
- The accused shall defend themselves.
- The accused were informed of the three available modes of defence.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPENGURIA.** **CRIMINAL CASE NO. E007 OF 2024** ***(Coram Hon. R.P.V. Wendoh. Judge.)*** **REPUBLIC ……………………………………………….….. STATE** * **V E R S U S –** **ISAAC TOROTICH ………………………………….……. 1ST ACCUSED** **JACKSON ROTICH………………………………….……. 2ND ACCUSED** **RULING.** After hearing the prosecution evidence, I find that the prosecution has established a prima facie case against accused for him to defend himself. The accused is informed of the three ways of making his defence. **Ruling delivered, dated and signed** in open court at **Kapenguria** on this **25th** day of **May, 2026.** **R. WENDOH** **JUDGE** ***In the Presence of*:-** Prosecution Counsel – Ms. Koech Mr. Bororio for both Accused Accused 1 – present Accused 2 - present Juma/Hellen-Court Assistants