[2017] KEHC 7187 (KLR)
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence. Accordingly, the accused was informed of his rights under Section 306(2) of the...
Source-derived case information.
- Citation
- [2017] KEHC 7187 (KLR)
- Parties
- Applicant: Republic; Defendant: Arumoi Lemironi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer and called upon to defend himself.
- 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
Arumoi Lemironi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence. Accordingly, the accused was informed of his rights under Section 306(2) of the Criminal Procedure Code and called upon to elect how to proceed with his defence.
Court Disposition
Accused found to have a case to answer and called upon to defend himself.
Orders
- The accused is found to have a case to answer and is called upon to defend himself as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL CASE NO. 3 OF 2015
REPUBLIC............................................................ PROSECUTOR
versus
ARUMOI LEMIRONI...................................................ACCUSED
RULING
1. The accused ARUMOI LEMIRONI is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty and the prosecution called a total of 9 witnesses. The prosecution proceeded to close its case.
2. I have considered the evidence adduced in this matter and I am satisfied that the accused has a case to answer. I do therefore call upon the accused to defend himself. In defending himself he is informed that he has right to address the court either personally or his advocate and to give evidence on his behalf or make an unsworn statement. The accused is also informed that he has right to call witnesses. The accused is now called upon to make an election as per Section 306(2) of the criminal procedure code.
DATED AND DELIVERED THIS 15TH DAY OF MARCH 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Ndungu
Accused: Arumoi Lemironi ………………
For accused: …………………...........………
For the State: ….........................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE