[2013] KEHC 1119 (KLR)

[2013] KEHC 1119 (KLR)

The court complied with the mandatory requirement under section 306(2) of the Criminal Procedure Code by informing the accused of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence. This procedural safeguard ensures the accused is aware of and able to exercise...

Source-derived case information.

Citation
[2013] KEHC 1119 (KLR)
Parties
Respondent: Republic; Appellant: Guni Mwaguni Juma
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 24 of 2012
Procedural Posture
Criminal Case / Ruling Under Section 306(2) of the Criminal Procedure Code; Informing Accused of Right to Address Court and Present Defence
Outcome
Accused informed of rights under section 306(2) of the Criminal Procedure Code; matter to proceed to defence hearing.
Judges
GO Shikwe
Legal Topics
Criminal Procedure Code Section 306, Right of Defence, Accused Rights
Source Language
en
Criminal Law Criminal Procedure Code Section 306 Right of Defence Accused Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Respondent

Guni Mwaguni Juma

Appellant

Procedural Posture

Criminal Case / Ruling Under Section 306(2) of the Criminal Procedure Code; Informing Accused of Right to Address Court and Present Defence

Legal Issues

  1. 1 Whether the accused has been informed of his right to address the court and present his defence as required by law.

Ratio Decidendi

The court complied with the mandatory requirement under section 306(2) of the Criminal Procedure Code by informing the accused of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence. This procedural safeguard ensures the accused is aware of and able to exercise his rights before the defence case proceeds.

Court Disposition

Accused informed of rights under section 306(2) of the Criminal Procedure Code; matter to proceed to defence hearing.

Orders

  • The accused is informed of his right to address the court, give evidence, make an unsworn statement, and call witnesses in his defence.