[2010] KEHC 449 (KLR)
The court, after evaluating the evidence adduced by the prosecution, found that a prima facie case had been established against all the accused persons. Consequently, the accused were put on their defence in accordance with section 306 of the Criminal Procedure Code. The court emphasized that each accused has the...
Source-derived case information.
- Citation
- [2010] KEHC 449 (KLR)
- Parties
- Applicant: Republic; Defendant: Hassan Wafula; Defendant: James Ngirine; Defendant: Aron Mutwiwa; Defendant: Robert Mutiso
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- accused persons found to have a case to answer and put on their defence
- Legal Topics
- Case to Answer, Criminal Procedure, Section 306, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hassan Wafula
Defendant
James Ngirine
Defendant
Aron Mutwiwa
Defendant
Robert Mutiso
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
Ratio Decidendi
The court, after evaluating the evidence adduced by the prosecution, found that a prima facie case had been established against all the accused persons. Consequently, the accused were put on their defence in accordance with section 306 of the Criminal Procedure Code. The court emphasized that each accused has the right to give sworn or unsworn testimony, to remain silent, and to call witnesses. The defence counsel was directed to indicate the intended line of defence for their clients. The ruling did not address the merits of the evidence but was limited to the procedural threshold of whether the accused should be called upon to answer the charges.
Court Disposition
accused persons found to have a case to answer and put on their defence
Orders
- Each accused is put on their defence.
- Defence counsel to indicate the line of defence for their clients.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 13 OF 2009
REPUBLIC ……………………………….................................................................................……………. PROSECUTOR
VERSUS
HASSAN WAFULA …………………………............................................................................………...........1ST ACCUSED
JAMES NGIRINE …………………..............................................................................………………………..2ND ACCUSED
ARON MUTWIWA ………………….............................................................................………………………3RD ACCUSED
ROBERT MUTISO ………………….............................................................................……………………….4TH ACCUSED
RULING
Pursuant to section 306 of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya, I have carefully considered the evidence adduced in this case, and I have come to the conclusion that the accused have a case to answer. I therefore put them on their defence. Each one of them is at liberty to give sworn or unsworn testimony or to remain mum or silent and to call witnesses. Cross-examination shall ensue where sworn evidence is given.
Defence Counsel shall indicate to the court the line of defence their clients intend to take.
DATED at KERICHO this 26th day of October, 2010
G.B.M. KARIUKI,sc
RESIDENT JUDGE
COUNSEL APPEARING
Mr. P. Kiprop State Counsel for the Republic
Mr. E.M. Orina advocate for the 3rd and 4th Accused.
Mr. T.M.O. Nyaingiri advocate for the 1st Accused
Mr. Meroka for the 2nd accused