[2006] KEHC 593 (KLR)

[2006] KEHC 593 (KLR)

The court, after considering the evidence of the seven prosecution witnesses, found that the prosecution had established a prima facie case against the accused persons. This finding necessitated that the accused be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court...

Source-derived case information.

Citation
[2006] KEHC 593 (KLR)
Parties
Applicant: Republic; Defendant: Francis Odongo Imbuni; Defendant: Benson Manase Oyonzo
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case 13 of 2004
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Outcome
Accused persons put on their defence.
Legal Topics
Prima Facie Case, Criminal Procedure, Defence Stage
Source Language
en
Criminal Law Prima Facie Case Criminal Procedure Defence Stage

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Parties

Republic

Applicant

Francis Odongo Imbuni

Defendant

Benson Manase Oyonzo

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 require them to be put on their defence.

Ratio Decidendi

The court, after considering the evidence of the seven prosecution witnesses, found that the prosecution had established a prima facie case against the accused persons. This finding necessitated that the accused be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court directed that the accused, through their counsel, indicate whether they would give sworn or unsworn evidence and whether they would call any witnesses. The ruling did not address the merits of the defence or the ultimate guilt or innocence of the accused, but was limited to the sufficiency of the prosecution's evidence at this stage.

Court Disposition

Accused persons put on their defence.

Orders

  • The accused persons are put on their defence pursuant to section 306(2) of the Criminal Procedure Code.
  • Counsel for the accused to indicate whether the accused will give sworn or unsworn evidence and whether they will call any witnesses.