[2011] KEHC 1780 (KLR)

[2011] KEHC 1780 (KLR)

The court, upon re-evaluating the prosecution's evidence, found that a prima facie case had been established against the accused. This finding obliges the accused to be put on his defence, as required by Section 306(2) of the Criminal Procedure Code. The accused is reminded of his rights at this stage: to give...

Source-derived case information.

Citation
[2011] KEHC 1780 (KLR)
Parties
Applicant: Republic; Defendant: Francis Ndungu Githui
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Criminal Case 31 of 2006
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Accused found to have a case to answer and called upon to make his defence.
Judges
MJA Emukule
Legal Topics
Prima Facie Case, Rights of Accused, Criminal Procedure, Section 306 Criminal Procedure Code
Source Language
en
Criminal Law Prima Facie Case Rights of Accused Criminal Procedure Section 306 Criminal Procedure Code

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Francis Ndungu Githui

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.

Ratio Decidendi

The court, upon re-evaluating the prosecution's evidence, found that a prima facie case had been established against the accused. This finding obliges the accused to be put on his defence, as required by Section 306(2) of the Criminal Procedure Code. The accused is reminded of his rights at this stage: to give evidence on oath and call witnesses, to make an unsworn statement, or to remain silent. The court's decision is based on the sufficiency of the prosecution's evidence to meet the threshold for a case to answer, not on a determination of guilt.

Court Disposition

Accused found to have a case to answer and called upon to make his defence.

Orders

  • The accused is found to have a case to answer and is called upon to indicate, through his Advocate, which of the rights under Section 306(2) of the Criminal Procedure Code he will exercise.