[2011] KEHC 1836 (KLR)

[2011] KEHC 1836 (KLR)

The court, upon reviewing the prosecution's evidence, found that a prima facie case had been established against each of the accused persons. Consequently, in accordance with Section 306(2) of the Criminal Procedure Code, the accused are required to be put on their defence. The court further directed that the...

Source-derived case information.

Citation
[2011] KEHC 1836 (KLR)
Parties
Applicant: Republic; Defendant: Anthony Kinuthia Wanjiku; Defendant: Gregory Mwangi Mungai; Defendant: Ismael Onomo
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 97 of 2005
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused persons found to have a case to answer and are put on their defence.
Judges
MJA Emukule
Legal Topics
Prima Facie Case, Rights of Accused, Criminal Procedure, Section 306 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Rights of Accused Criminal Procedure Section 306 Criminal Procedure Code

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Anthony Kinuthia Wanjiku

Defendant

Gregory Mwangi Mungai

Defendant

Ismael Onomo

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
  2. 2 What rights are available to the accused at this stage of the proceedings.

Ratio Decidendi

The court, upon reviewing the prosecution's evidence, found that a prima facie case had been established against each of the accused persons. Consequently, in accordance with Section 306(2) of the Criminal Procedure Code, the accused are required to be put on their defence. The court further directed that the accused be reminded of their rights at this stage, including the right to give evidence on oath and be cross-examined, to make an unsworn statement, to call witnesses, or to remain silent. The defence counsel was called upon to indicate which of these rights each accused would exercise.

Court Disposition

Accused persons found to have a case to answer and are put on their defence.

Orders

  • Each accused is reminded of their rights under Section 306(2) of the Criminal Procedure Code.
  • Defence counsel to indicate which right each accused will exercise.