[2025] KEHC 1158 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons. Consequently, the accused are required to be placed on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court directed that the defence hearing be scheduled, and the accused...
Source-derived case information.
- Citation
- [2025] KEHC 1158 (KLR)
- Parties
- Applicant: State; Defendant: Geoffrey Nyamati; Defendant: Matundura alias Godffrey; Defendant: Miroga Mwita
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused persons placed on their defence under section 306(2) of the Criminal Procedure Code.
- Judges
- TA Odera
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure Code Section 306, Defence Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Geoffrey Nyamati
Defendant
Matundura alias Godffrey
Defendant
Miroga Mwita
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons. Consequently, the accused are required to be placed on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court directed that the defence hearing be scheduled, and the accused indicated they would give unsworn testimony and call no witnesses.
Court Disposition
Accused persons placed on their defence under section 306(2) of the Criminal Procedure Code.
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 25 March 2025.
Full Case Text
Judgment text and source record
20 paragraphs
State v Nyamati & 2 others (Criminal Case 37 of 2021) [2025] KEHC 1158 (KLR) (24 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1158 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Case 37 of 2021
TA Odera, J
February 24, 2025
Between
State
Prosecution
and
Geoffrey Nyamati
1st Accused
Matundura alias Godffrey
2nd Accused
Miroga Mwita
3rd Accused
Ruling
I have carefully considered the evidence on record. I find that a prima facie case has been established against accused. He has a case to answer and I proceed to place him on his defence under section of 306 (2) of the Criminal Procedure Code.
T.A ODERAJUDGE2. 25Delivered Virtually Via Teams Platform in the presence of:Accused.Okemwa Steve holding brief for Miss Gogi for accused Advocate for accusedCourt Assistant – OigoCourt: The provisions of section 306 (2) CPC are now complied with.T.A ODERAJUDGEOkemwa: Accused will adduce unsworn testimony and call no witnessesOrder: Defence hearing on 25. 3.25. T.A ODERAJUDGE