Automated Summary
Key Facts
In Republic v Henry Njue Albert [2009] eKLR, the High Court of Kenya at Embu in Murder Case 1 of 2007 ruled that the accused should be placed on his defense as a prima facie case was established. The decision was delivered on 10th June 2009.
Issues
The court evaluated the evidence adduced to determine if a prima facie case exists to warrant the accused being placed on his defence pursuant to Section 306 (2) of the Criminal Procedure Code, specifically referencing Sections 200 (1)(b) and 201 (2).
Holdings
I am satisfied that the evidence on record establishes a prima facie case to warrant the accused person to be placed onto his defence pursuant to Section 306 (2).
Remedies
The accused, Henry Njue Albert, was placed on defence as per Section 306(2) of the Criminal Procedure Code following the establishment of a prima facie case.
Legal Principles
The court applied the burden of proof principle to determine that the evidence established a prima facie case under Section 306 (2) of the Criminal Procedure Code, warranting the accused to be placed onto his defence.
Cited Statute
Criminal Procedure Code
Judge Name
W. Karanja
Passage Text
- I am satisfied that the evidence on record establishes a prima facie case to warrant the accused person to be placed onto his defence pursuant to Section 306 (2).
- He is accordingly placed onto his defence.
- I have gone through the evidence adduced so far and considered the same carefully. I have also taken into account the provisions of Section 200 (1) (b) as read with Section 201 (2) of the Criminal Procedure Code