[2015] KEHC 663 (KLR)
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused. This means that the evidence is sufficient to require the accused to be put on his defence, as required by law. The judge, therefore, ruled that the accused must be placed on his defence to...
Source-derived case information.
- Citation
- [2015] KEHC 663 (KLR)
- Parties
- Applicant: Republic; Defendant: Wanyeki Waweru Alias Faizi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Legal Topics
- Prima Facie Case, Burden of Proof, Defence Stage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wanyeki Waweru Alias Faizi
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 him being placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, taken at its highest, established a prima facie case against the accused. This means that the evidence is sufficient to require the accused to be put on his defence, as required by law. The judge, therefore, ruled that the accused must be placed on his defence to answer to the charges brought against him.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 55 OF 2012
LESIIT, J.
REPUBLIC……………………….…………………PROSECUTOR
-VERSUS -
WANYEKI WAWERUAliasFAIZI…….………………. ACCUSED
RULING.
1. I have considered the entire evidence adduced by the prosecution in this case.
2. I am satisfied that the prosecution has established a prima facie case against the accused to warrant the court to place him on his defence.
3. Accordingly I place the accused to his defence.
DATED AT NAIROBI THIS 15TH DAY OF OCTOBER, 2015.
LESIIT, J.
JUDGE.