[2025] KEHC 7138 (KLR)

[2025] KEHC 7138 (KLR)

The court found that, after reviewing the evidence of twelve prosecution witnesses and the material on record, the prosecution had established a prima facie case against the accused. This finding means that the accused has a case to answer and must be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a case to answer had been met.

Citation
[2025] KEHC 7138 (KLR)
Parties
Applicant: Republic; Defendant: Mathew Wabwire alias Baba Daisy
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Criminal Case E017 of 2024
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
The accused is found to have a case to answer and is put on his defence.
Judges
WM Musyoka
Legal Topics
Prima Facie Case, Case to Answer, Criminal Trial Procedure
Source Language
English
Criminal Law Prima Facie Case Case to Answer Criminal Trial Procedure

Case Brief

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Parties

Republic

Applicant

Mathew Wabwire alias Baba Daisy

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant being put on his defence.

Ratio Decidendi

The court found that, after reviewing the evidence of twelve prosecution witnesses and the material on record, the prosecution had established a prima facie case against the accused. This finding means that the accused has a case to answer and must be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a case to answer had been met.

Court Disposition

The accused is found to have a case to answer and is put on his defence.

Orders

  • The accused shall be put on his defence.
  • Defence hearing scheduled for 25th June 2025.