The Prosecution has called a total of 6 witnesses in this matter. This case is now for the ruling of the court on whether a prima facie case has been established against the accused that would warrant the accused being placed to his own defence. In the case of BHATT –VS. R (1957) EA 332, it was held that a prima facie case is established when a court properly constituted would convict the accused should the accused offer no evidence in rebuttal.
I have considered the evidence of the 6 prosecution witnesses. I am convinced that a prima facie case has been established by the prosecution. I accordingly find that the accused has a case to answer and I put him to his own defence. It is so ordered.
Dated, Signed and Delivered this 14th Day of May, 2024.
D. O. OGEMBO
JUDGE
14/5/2024
Court
Ruling read out in Open Court in presence of the Accused, Mr. Were for Accused and Ms. Kerubo for State.
D. O. OGEMBO
JUDGE
14/5/2024
Court
Case fixed for defence.
Were
I have fixed for instructions that accused will give sworn evidence. We shall not call any other witness.
Court
Matter fixed for defence. Defence hearing on 2/7/2024.
D. O. OGEMBO
JUDGE
14/5/2024