[2013] KEHC 1315 (KLR)
The court complied with section 306(2) of the Criminal Procedure Code by formally informing the accused of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence. This procedural safeguard ensures the accused is aware of and able to exercise his rights before the...
Source-derived case information.
- Citation
- [2013] KEHC 1315 (KLR)
- Parties
- Applicant: Republic; Respondent: Ali Rashid Hamisi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 17 of 2013
- Procedural Posture
- Criminal Revision / Pre Defence Hearing; Accused Informed of Rights Under Section 306(2) Criminal Procedure Code
- Outcome
- Accused informed of rights under section 306(2) Criminal Procedure Code; defence hearing date set.
- Judges
- GO Shikwe
- Legal Topics
- Criminal Procedure, Accused Rights, Defence Case, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ali Rashid Hamisi
Respondent
Procedural Posture
Criminal Revision / Pre Defence Hearing; Accused Informed of Rights Under Section 306(2) Criminal Procedure Code
Legal Issues
- 1 Whether the accused has been properly informed of his rights under section 306(2) of the Criminal Procedure Code before the defence hearing.
- 2 Whether the court has complied with statutory requirements regarding the accused's right to address the court and call witnesses.
Ratio Decidendi
The court complied with section 306(2) of the Criminal Procedure Code by formally informing the accused of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence. This procedural safeguard ensures the accused is aware of and able to exercise his rights before the defence hearing. The matter was then set down for defence hearing on a future date, as requested by the accused's counsel. The court's ruling is purely procedural, ensuring statutory compliance before proceeding to the next stage of the trial.
Court Disposition
Accused informed of rights under section 306(2) Criminal Procedure Code; defence hearing date set.
Orders
- The accused is informed of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence as per section 306(2) of the Criminal Procedure Code.
- Defence hearing scheduled for 29th November, 2013.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL REVISION NO. 17 OF 2013
REPUBLIC ..............................................................………..PROSECUTOR
VERSUS
ALI RASHID HAMISI ……….…….............................................…ACCUSED
RULING
In Compliance with section 306 (2) of the Criminal Procedure Code, the Accused is informed of his right to address the Court, either personally or by his Advocate, to give evidence on his own behalf, or to make unsworn statement and to call witnesses in his defence, and (in all cases) to state whether it is intended to call any witnesses as to fact other than the Accused person himself.
Ruling delivered dated and signed this 5th day of November, 2013.
…....................
M. MUYA
JUDGE
5TH NOVEMBER, 2013
In the presence of:-
Learned Counsel for the State Miss Ogweno
Learned Counsel for the Accused Mr. Tarus
Court clerk Musundi.
M. MUYA
JUDGE
5TH NOVEMBER, 2013
Mr Tarus: We are asking for a hearing date.
Court: Defence hearing on 29th November, 2013.
…..................
M. MUYA
JUDGE
5TH NOVEMBER, 2013