[2019] KEHC 55 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2019] KEHC 55 (KLR)
- Parties
- Applicant: Republic; Defendant: Victor Kipngetich Siele
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 17 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- GMA Dulu
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Victor Kipngetich Siele
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 to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with section 211 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
- The accused is informed of his options under section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO.17 OF 2018
REPUBLIC..............................................PROSECUTOR
VERSUS
VICTOR KIPNGETICH SIELE....................ACCUSED
RULING
1. Having considered the evidence on record, I am of the view that the prosecution has established a prima facie case, to justify putting the accused person on his defence.
2. I find that the accused has a case to answer, and I accordingly put him on his defence and proceeded to explain to him the three options available to him in his defence under section 211 of the Criminal Procedure Code (Cap 75).
Dated and delivered at Bomet this 5th day of November 2019.
GEORGE DULU
JUDGE