[2011] KEHC 2299 (KLR)
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused...
Source-derived case information.
- Citation
- [2011] KEHC 2299 (KLR)
- Parties
- Applicant: Republic; Defendant: Dancan Otieno Odhiambo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Legal Topics
- Case to Answer, Prima Facie Evidence, Criminal Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dancan Otieno Odhiambo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused for his defence, including giving a sworn or unsworn statement or remaining silent, and clarified the implications of each choice regarding cross-examination and the right to call witnesses.
Court Disposition
accused put on his defence
Orders
- The accused is called upon to defend himself as the prosecution has established a prima facie case.
Full Case Text
Judgment text and source record
13 paragraphs
No. 2810
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 11 OF 2009
REPUBLIC...............................................................................................................PROSECUTOR
-VERSUS-
DANCAN OTIENO ODHIAMBO......................................................................................ACCUSED
RULING
I have carefully read and considered the evidence so far adduced by the prosecution and I am satisfied that it is sufficient to call upon the accused to defend himself. Accordingly, it is my ruling that the prosecution have prima facie, established a case against the accused to warrant him being placed on his defence and I so rule. Pursuant to section 306 (2) of the Criminal Procedure Code, I will now invite the accused to indicate to me how he intends to defend himself. He is reminded nonetheless that he can do so by giving a sworn statement, unsworn statement or even elect to keep quite. In the event that he elects to give sworn statement, he will be liable to cross-examination by the prosecution. However if he chooses to give unsworn statement or to keep quiet, he will not open themselves up to cross-examination. In all cases though, he is entitled to call witness.
Ruling dated, signed and delivered at Kisii this 30th day of May, 2011.
ASIKE-MAKHANDIA
JUDGE