[2009] KEHC 2991 (KLR)
The court, after reviewing the evidence of nine prosecution witnesses, found that the prosecution had established a prima facie case against the accused persons for the offence of murder as charged. Consequently, the accused are required to be put on their defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2009] KEHC 2991 (KLR)
- Parties
- Applicant: Republic; Respondent: Anthony Mugwanga Wambui; Respondent: Joseph Kihanda Ndung’u
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2006
- Procedural Posture
- Criminal Revision / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Prosecution has established a prima facie case; accused to be put on their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Anthony Mugwanga Wambui
Respondent
Joseph Kihanda Ndung’u
Respondent
Procedural Posture
Criminal Revision / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require them to be put on their defence.
- 2 What are the rights of the accused at the close of the prosecution case in a murder trial.
Ratio Decidendi
The court, after reviewing the evidence of nine prosecution witnesses, found that the prosecution had established a prima facie case against the accused persons for the offence of murder as charged. Consequently, the accused are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the procedural rights of the accused at this stage: they may choose to give a sworn statement and be cross-examined, make an unsworn statement without cross-examination, call witnesses in their defence, or remain silent. The ruling does not determine guilt but ensures that the accused are accorded all procedural safeguards before proceeding to...
Court Disposition
Prosecution has established a prima facie case; accused to be put on their defence.
Orders
- The accused are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
- The accused may choose to give a sworn or unsworn statement and call witnesses, or remain silent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Revision 9 of 2006
REPUBLIC.........................................................................................APPLICANT
-VS-
ANTHONY MUGWANGA WAMBUI.....................................1ST RESPONDENT
JOSEPH KIHANDA NDUNG’U..................................................2ND ESPONDENT
RULING
The accused have been charged for the offence of murder, contrary to Section 203 as read with 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence as stated on the information are as follows:
“On the 16th day of November, 2002 at Biafra Estate in Thika District within the Central Province jointly with others not before court murdered THADIUS OCHIENG OPONDO.”
After carefully perusing the evidence of the 9 witnesses, I hereby find that the prosecution has established a prima facie case against the accused to require them to be put on their defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused have the option to address the court either personally or by their advocate. In the event that the accused opts to give a sworn statement, then they will be subjected to cross-examination. The accused also have a right to call any number of witnesses in their defence.
Secondly, the accused have a right to make an unsworn statement and call witnesses to their defence. In the event that the accused exercises the second option, they will not be subjected to any cross-examination.
Thirdly, the accused are at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel to sum up the case against the accused persons. Consequently, the court shall then call on the accused persons personally or by their advocate to address the court on their own behalf.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of the accused and
Ms. Odembo & Ms. Njuguna …………… ……....for Defence Counsel
Ongondo …………………...……………………….………. for Republic
MUGA APONDI
JUDGE
25TH JUNE, 2009