[2020] KEHC 219 (KLR)
The court found that, upon perusal of the evidence of the four prosecution witnesses and the submissions by counsels, a prima facie case had been established against the accused persons. Consequently, the accused persons are required to be placed on their defence in accordance with the law.
Source-derived case information.
- Citation
- [2020] KEHC 219 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Simiyu Ochuna; Defendant: Christopher Orware Barasa
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Accused persons to be placed on their defence.
- Judges
- HK Chemitei
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Simiyu Ochuna
Defendant
Christopher Orware Barasa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that, upon perusal of the evidence of the four prosecution witnesses and the submissions by counsels, a prima facie case had been established against the accused persons. Consequently, the accused persons are required to be placed on their defence in accordance with the law.
Court Disposition
Accused persons to be placed on their defence.
Orders
- The accused persons are hereby placed on their defence.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CRIMINAL CASE NO.16 OF 2018
REPUBLIC....................................................................PROSECUTOR
VERSES
VINCENT SIMIYU OCHUNA.......................................1ST ACCUSED
CHRISTOPHER ORWARE BARASA.........................2ND ACCUSED
RULING
1. The court has perused the evidence of the 4 prosecution witnesses as well as the submissions by counsels on record and it is of the considered opinion that a prima facie case has been established against the accused persons. Let them be placed in their defence.
Dated at Kitale this 11th day of December 2020.
H K CHEMITEI
JUDGE.