[2019] KEHC 6930 (KLR)

[2019] KEHC 6930 (KLR)

The court found that the prosecution had established a prima facie case against the accused, Annette Achieng, based on the evidence presented, particularly the doctor's testimony regarding the cause of death. The court noted that the accused was the only adult present with the deceased at the material time, which...

Source-derived case information.

Citation
[2019] KEHC 6930 (KLR)
Parties
Respondent: Republic; Defendant: Annette Achieng
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Criminal Case 25 of 2017
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Determination to Put Accused on Defence
Outcome
Accused put on her defence.
Judges
J Wakiaga
Legal Topics
Prima Facie Case, Homicide, Criminal Procedure, Defence Rights
Source Language
en
Criminal Law Prima Facie Case Homicide Criminal Procedure Defence Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Annette Achieng

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case; Determination to Put Accused on Defence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant her being put on her defence.
  2. 2 Whether the evidence presented, particularly the doctor's testimony on cause of death, is sufficient at this stage.

Ratio Decidendi

The court found that the prosecution had established a prima facie case against the accused, Annette Achieng, based on the evidence presented, particularly the doctor's testimony regarding the cause of death. The court noted that the accused was the only adult present with the deceased at the material time, which further justified requiring her to respond to the case. Consequently, the court ruled that the accused should be put on her defence and advised her of her rights under Section 306 of the Criminal Procedure Code.

Court Disposition

Accused put on her defence.

Orders

  • The accused is put on her defence under Section 306 of the Criminal Procedure Code.
  • The accused is advised of her rights to remain silent or to give evidence in her defence.