[2017] KEHC 3824 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if left unchallenged, could result in a conviction. Therefore, the accused is required to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court informed the accused of her rights to address the...
Source-derived case information.
- Citation
- [2017] KEHC 3824 (KLR)
- Parties
- Applicant: Republic; Defendant: Ann Wamaitha Kamau
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and called upon to make her defence.
- Judges
- MM Kasango
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ann Wamaitha Kamau
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence under Section 306 of the Criminal Procedure Code.
- 2 Whether the evidence adduced by the prosecution, if unchallenged, would warrant a conviction.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if left unchallenged, could result in a conviction. Therefore, the accused is required to be put on her defence in accordance with Section 306(2) of the Criminal Procedure Code. The court informed the accused of her rights to address the court, give evidence, make an unsworn statement, or call witnesses in her defence. The decision was based on the principle that a prima facie case had been established by the prosecution at the close of its case.
Court Disposition
Accused found to have a case to answer and called upon to make her defence.
Orders
- The accused is called upon to make her election on how to present her defence as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
CRIMINAL CASE NO. 2 OF 2015
REPUBLIC.........................................................PROSECUTOR
versus
ANN WAMAITHA KAMAU...................................... ACCUSED
RULING
1. The accused person ANN WAMAITHA KAMAUis charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. She pleaded not guilty.
2. The prosecution called 8 witnesses and concluded submitting its evidence and closed its case. This calls upon this court to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap 75. In the case REPUBLIC – V- JOSEPH SHITANDI & ANOTHER [2014] eKLR the prosecution having closed its case the Judge in considering whether the accused had a case to answer stated:
“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.”
At the close of the prosecution’s case, therefore, the court if it finds that the prosecution’s evidence could not lead to a conviction, then the accused should be acquitted. If however the court finds that the prosecution’s evidence suffices then the accused will be called to defend herself.
3. In this case I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend herself Accordingly as per Section 306 (2) of Cap 75 the accused is informed that she has a right to address the court, either personally or by her advocate and to give evidence on her own behalf, or to make unsworn statement, and to call witnesses in her defence. The accused is now called upon to make her election on how she shall present her defence.
Dated and Delivered at Nanyuki this 2nd AUGUST 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Ann Wamaitha Kamau
For accused……………………………….
For state: ………………….....……………
Language …………………………………
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE