[2024] KEHC 4211 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The accused's submissions on self-defence could not be considered as a substantive defence at this stage, as such a defence must be presented through evidence and...
Source-derived case information.
- Citation
- [2024] KEHC 4211 (KLR)
- Parties
- Applicant: Republic; Defendant: Bennard Kakai Chesoli
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and required to indicate mode of defence.
- Judges
- GL Nzioka
- Legal Topics
- Murder, Case to Answer, Self Defence, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bennard Kakai Chesoli
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether submissions by the defence at this stage can constitute a valid defence to the charge.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The accused's submissions on self-defence could not be considered as a substantive defence at this stage, as such a defence must be presented through evidence and subjected to cross-examination. Consequently, the court ruled that the accused has a case to answer and must indicate how he will offer his defence in accordance with section 306 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and required to indicate mode of defence.
Orders
- The accused is found to have a case to answer and is required to indicate to the court, as required under section 306 of the Criminal Procedure Code, how he will offer his defence.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Chesoli (Criminal Case 11 of 2020) [2024] KEHC 4211 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4211 (KLR)
Republic of Kenya
In the High Court at Naivasha
Criminal Case 11 of 2020
GL Nzioka, J
April 30, 2024
Between
Republic
Prosecution
and
Bennard Kakai Chesoli
Accused
Ruling
1. On the 28th May 2020, the accused was arraigned before the court charged with the offence of murder contrary to section 203 as read together with section 204 of the Penal Code.
2. The accused pleaded not guilty to the charge. The case proceeded to hearing wherein the prosecution has called a total of nine (9) witnesses. The prosecution then closed its case. The defence requested to and was allowed to offer submissions at the close of the prosecution case, which they did.
3. I have considered the prosecution case, in particular the evidence advanced. I have also considered the submission by the defence. What comes out from the submission by the defence is a defence of self defence. Unfortunately, a defence to a charge cannot be canvassed vide submissions for the simple reason the opposite party will not have an opportunity to test its veracity and two, submission are basically discussions on salient issues the court needs to consider while rendering a decision and in normal practice comes at the end of trial or intermediary where a ruling has to be made.
4. Be that as it were, I find that, based on the evidence adduced, the accused needs to offer a defence to the charges. As a result I rule that he has a case to answer and I require him to indicate to the court as required under section 306 of the Criminal Procedure Code, how he will offer his defence.
5. That then is the order of the court
Dated, delivered and signed on this 30th day of April, 2024GRACE L. NZIOKAJUDGEIn the presence of:-Mr. Machage for the accusedMr. Abwajo for the stateAccused present virtuallyMs. Ogutu: Court Assistant1 | Page