[2012] KEHC 4605 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with Section 306(1) of the Criminal Procedure Code. The court also...
Source-derived case information.
- Citation
- [2012] KEHC 4605 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Ruto Ayabei Cheboiwo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Murder, 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
Erick Ruto Ayabei Cheboiwo
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 warrant putting him on his defence.
- 2 What are the statutory and constitutional rights of the accused at this stage of the proceedings.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to be put on his defence in accordance with Section 306(1) of the Criminal Procedure Code. The court also reminded the accused of his statutory and constitutional rights regarding the manner in which he may present his defence, including the right to give evidence on oath, make an unsworn statement, remain silent, and call witnesses.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306(1) of the Criminal Procedure Code.
- The accused is reminded of his statutory and constitutional rights to give evidence on oath and be cross-examined, to give an unsworn statement, or to remain silent, and to call witnesses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 53 OF 2009
REPUBLIC………………………………………..……………PROSECUTOR
VERSUS
ERICK RUTO AYABEI CHEBOIWO……………………..…………ACCUSED
RULING
The accused, Erick Ruto Ayabei Cheboiwo is charged with the murder of Leleito Kibiwot Koima on the 9th June 2009 at Kikamwe Forest in Koibatek District within Rift Valley Province.
The prosecution called five witnesses to prove its case. I have now had opportunity to review the evidence before court, and I am in terms of Section 306(1) of the Criminal Procedure Code(Cap. 75, Laws of Kenya), satisfied that the prosecution has established a prima facie case against the accused. I therefore put the accused to his defence, and remind him of his statutory and constitutional rights to -
(1)give evidence on oath and be liable to cross-examination by the prosecuting counsel, and to call witnesses,
(2) to give an unsworn statement, and thereby not be subject to cross-examination,
(3) to remain silent.
I call upon the accused, or his counsel to indicate which of these rights the accused elects to use in his evidence.
Dated, signed and delivered at Nakuru this 30th day of March, 2012
M. J. ANYARA EMUKULE
JUDGE