[2020] KEHC 6001 (KLR)

[2020] KEHC 6001 (KLR)

The court found that, upon consideration of the evidence presented by the prosecution, a prima facie case had been established against the accused persons. Applying the test from Ramanlal Trambaklal Bhatt v. R, the court determined that a reasonable tribunal could convict if no explanation is offered by the defence....

Source-derived case information.

Citation
[2020] KEHC 6001 (KLR)
Parties
Applicant: Republic; Defendant: Violet Chelagat Achiga; Defendant: Millicent Kagea Mwangi
Court
High Court
Court Station
High Court at Kabarnet
Jurisdiction
Kenya
Case Number
Criminal Case 71 of 2017
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Outcome
Accused persons put on their defence; prosecution established a prima facie case.
Judges
EM Muriithi
Legal Topics
Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Burden of Proof Criminal Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Republic

Applicant

Violet Chelagat Achiga

Defendant

Millicent Kagea Mwangi

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer at Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant their being put on their defence.
  2. 2 Whether the burden of proof has been discharged by the prosecution at this stage.

Ratio Decidendi

The court found that, upon consideration of the evidence presented by the prosecution, a prima facie case had been established against the accused persons. Applying the test from Ramanlal Trambaklal Bhatt v. R, the court determined that a reasonable tribunal could convict if no explanation is offered by the defence. The court rejected the defence's submission of no case to answer, holding that the prosecution had discharged its burden at this stage. In accordance with established criminal procedure and to avoid prejudicing the defence, the court refrained from discussing the evidence in detail. Consequently, the accused were put on their defence under section 306(2) of the Criminal...

Court Disposition

Accused persons put on their defence; prosecution established a prima facie case.

Orders

  • The accused are put on their defence in accordance with section 306(2) of the Criminal Procedure Code.
  • The court shall explain the rights of the accused and fix a date for the defence hearing in consultation with counsel for the accused and the DPP.