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RULING/PRIMA FACIE CASE

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  CRIMINAL PROCEDURE   RULING/PRIMA FACIE CASE Close of Prosecution Case Section 211 of CPC – On hearing the evidence in support of the charge and such summing up, submission or argument as may be put forward, summing up and submissions re by the prosecutor and defence respectively. After which the court shall consider whether or not a prima facie case has been established. If it appears to the court that a case is made out against the accused person sufficiently it will require him to make a defence. Bhatt v Republic 2957 EA 332, where the court defined a prima facie case as one where a reasonable court directing its mind to the law and evidence would convict if not explanation were offered by the defence. Where the court is of the opinion that the prosecution has failed to establish a prima face case; then a detailed reasoned ruling will be written leading to an acquittal under Section 210 of the CPC and the accused shall be set at liberty accordingly. Where the court finds that the