[2020] KEHC 56 (KLR)
The court, after reviewing the evidence of the seven prosecution witnesses and the exhibits on record, found that the prosecution had established a prima facie case against the accused. Consequently, the accused is required to be put on his defence as per the provisions of the Criminal Procedure Code.
Source-derived case information.
- Citation
- [2020] KEHC 56 (KLR)
- Parties
- Defendant: Simon Wafula Baraza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Accused to be put on his defence.
- Judges
- HK Chemitei
- Legal Topics
- Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Wafula Baraza
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
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, after reviewing the evidence of the seven prosecution witnesses and the exhibits on record, found that the prosecution had established a prima facie case against the accused. Consequently, the accused is required to be put on his defence as per the provisions of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall be put on his defence.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
CRIMINAL CASE NO.22 OF 2018
Simon Wafula Baraza Vs Republic
RULING
1. The court has perused the evidence of the 7 prosecution witnesses as well as the exhibits on recorded and it’s of the considered opinion that a prima facie case has been established against the accused. Let him therefore be put on his defence.
Dated at Kitale this 11th day of December 2020.
H K CHEMITEI
JUDGE