[2010] KEHC 1100 (KLR)
The court, after reviewing the prosecution's evidence and considering the submissions of both counsel, found that a prima facie case had been established against the accused. Consequently, the accused was required to be put on her defence in accordance with Section 306 of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2010] KEHC 1100 (KLR)
- Parties
- Respondent: Republic; Defendant: Ann Chepngetich Maritim
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2007
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution's Evidence
- Outcome
- Accused found to have a case to answer; ordered to be put on her defence.
- Legal Topics
- Case to Answer, Criminal Procedure Code Section 306, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Ann Chepngetich Maritim
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution's Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence.
Ratio Decidendi
The court, after reviewing the prosecution's evidence and considering the submissions of both counsel, found that a prima facie case had been established against the accused. Consequently, the accused was required to be put on her defence in accordance with Section 306 of the Criminal Procedure Code. The court emphasized the accused's right to choose the manner of her defence, including calling witnesses, giving evidence on oath, making an unsworn statement, or remaining silent.
Court Disposition
Accused found to have a case to answer; ordered to be put on her defence.
Orders
- The accused is found to have a case to answer and is put on her defence in accordance with Section 306 of the Criminal Procedure Code.
- The defence counsel shall inform the court of the accused's intended mode of defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 12 OF 2007
REPUBLIC ………………………………PROSECUTOR
VERSUS
ANN CHEPNGETICH MARITIM ………………ACCUSED
RULING
I have perused the evidence adduced by the prosecution in this case and considered the submissions of the Defence Counsel, Mrs. Kimeto and the State Counsel, Mr. P. Kiprop. I have come to the conclusion that there is a case to answer to warrant the accused being put on her defence.
Accordingly, in accordance with the provisions of Section 306 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, the accused is entitled to call witnesses and to give evidence on oath or to make an unsworn statement from the dock or to remain mum. The defence counsel shall let the court know what the accused intends to do in defence.
DATEDat KERICHO this 28th day of July, 2010
G.B.M.KARIUKI,SC
RESIDENT JUDGE
COUNSEL APPEARING
Mrs. J.R. Kimeto Advocate, instructed by Messrs Kimeto & Co. Advocates appeared for the accused
Mr. Kiprop, State Counsel from the Attorney General’s Chambers appeared for the State