[2018] KEHC 7705 (KLR)
The court found that the prosecution had presented sufficient evidence to establish a prima facie case against the accused. As a result, the accused is required to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had...
Source-derived case information.
- Citation
- [2018] KEHC 7705 (KLR)
- Parties
- Applicant: Republic; Defendant: William Karuti Aloise
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2013
- Procedural Posture
- Criminal Law / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- A Mabeya
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Defence Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
William Karuti Aloise
Defendant
Procedural Posture
Criminal Law / 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. As a result, the accused is required to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court was satisfied that the threshold for a case to answer had been met based on the evidence and submissions presented.
Court Disposition
accused put on his defence
Orders
- The accused is hereby placed on his defence.
- Section 211 of the CPC complied with.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCR CASE NO 28 OF 2013
REPUBLIC..........................................STATE
VERSUS
WILLIAM KARUTI ALOISE.......ACCUSED
RULING ON CASE TO ANSWER
1. I have considered the evidence on record and the Submissions of counsel for accused.
2. From the evidence tendered, I am satisfied that the prosecution has established a Prima facie case to warrant the accused to be put on his defence.
3. The accused is hereby placed on his defence.
4. Section 211 of the CPC complied with. Defence Hearing on 19/06/2018.
DATED and DELIVERED at MERU this 21stday of MARCH, 2018.
A. MABEYA
JUDGE
21:03:18
In the presence of:-
Court Assistant : Boniface
Mr. Namiti for state
Ms. Nelima h/b Mutunga for Accused.