[2009] KEHC 2989 (KLR)
The court found that the prosecution, having called 15 witnesses, established a prima facie case against the accused for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of...
Source-derived case information.
- Citation
- [2009] KEHC 2989 (KLR)
- Parties
- Applicant: Godana Wako; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 86 of 2005
- Procedural Posture
- Criminal Revision / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Prosecution has established a prima facie case; accused to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godana Wako
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 What options are available to the accused in presenting his defence under the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called 15 witnesses, established a prima facie case against the accused for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the accused's rights at this stage: to give a sworn statement and be cross-examined, to make an unsworn statement without cross-examination, to call witnesses, or to remain silent. The decision is grounded on the sufficiency of the prosecution's evidence to warrant a defence, not on the final determination of guilt.
Court Disposition
Prosecution has established a prima facie case; accused to be put on his defence.
Orders
- The accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
- The accused is informed of his rights regarding the manner of his defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Revision 86 of 2005
GODANA WAKO ………………………………………….APPLICANT
-VS-
REPUBLIC ……………………………………………….RESPONDENT
RULING
The accused has been charged for the offence of murder, contrary to Section 203 as read with 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence as stated on the information are as follows:
“On the 31st day of July, 2006 at Bute Trading centre in Buna Division of Wajir District within North Eastern province murdered WAKO GODANA.”
After carefully perusing the evidence of the 15 witness, I hereby find that the prosecution has established a prima facie case against the accused to require him to be put on his defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused has the option to address the court either personally or by his advocate. In the event that the accused opts to give a sworn statement, then he will be subjected to cross-examination. He also has a right to call any number of witnesses in his defence.
Secondly, the accused has a right to make an unsworn statement and call witnesses to his defence. In the event that the accused exercises the second option, then he will not be subjected to any cross-examination.
Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel to sum up the case against the accused person. Consequently, the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of the accused and
Mr. Kihara ……………. ……………………………….Defence Counsel
Mr. Ong’ondo ……………...………………………………. For Accused
MUGA APONDI
JUDGE
19TH MAY, 2009