[2011] KEHC 2020 (KLR)
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against each of the accused persons. Consequently, the accused are required to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options...
Source-derived case information.
- Citation
- [2011] KEHC 2020 (KLR)
- Parties
- Applicant: Republic; Defendant: Gerald Omare; Defendant: Robert Miyienda Ombongi; Defendant: Nicodemus Arasa Nyakoiro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 68 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
- Outcome
- Accused persons found to have a case to answer and are put on their defence.
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gerald Omare
Defendant
Robert Miyienda Ombongi
Defendant
Nicodemus Arasa Nyakoiro
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court found that the evidence adduced by the prosecution was sufficient to establish a prima facie case against each of the accused persons. Consequently, the accused are required to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused for their defence, including giving a sworn statement, an unsworn statement, or remaining silent, and clarified the implications of each choice regarding cross-examination and the right to call witnesses.
Court Disposition
Accused persons found to have a case to answer and are put on their defence.
Orders
- Each accused is called upon to indicate how they intend to defend themselves as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
No. 2808
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 68 OF 2009
REPUBLIC …………………………………………… PROSECUTOR
-VERSUS-
GERALD OMARE ………….……….…………………..1st ACCUSED
ROBERT MIYIENDA OMBONGI …………………..…2nd ACCUSED
NICODEMUS ARASA NYAKOIRO..…………………..3rd 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 themselves. Accordingly, it is my ruling that the prosecution have prima facie, established a case against each accused to warrant them being placed on their defences 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 they intend to defend themselves. They are reminded nonetheless that they can do so by giving a sworn statement, unsworn statement or even elect to keep quite. In the event that they elect to give sworn statements, they will be liable to cross-examination by the prosecution. However if they choose to give unsworn statements or to keep quiet, they will not open themselves up to cross-examination. In all cases though, they are entitled to call witness.
Ruling dated, signed and delivered at Kisii this 30th day of May, 2011.
ASIKE-MAKHANDIA
JUDGE