[2011] KEHC 2318 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. This finding means that the accused must now be called upon to make his defence, as required by section 306(2) of the Criminal Procedure Code. The court explained the options available to the...
Source-derived case information.
- Citation
- [2011] KEHC 2318 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Gikenye Gabriel
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Gikenye Gabriel
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. This finding means that the accused must now be called upon to make his defence, as required by section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused for making his defence, including giving a sworn or unsworn statement or remaining silent, and clarified the implications of each option regarding cross-examination and the right to call witnesses.
Court Disposition
accused put on his defence
Orders
- The accused is called upon to make his defence as provided under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
No. 2814
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 23 OF 2009
REPUBLIC..........................................................................................................................PROSECUTOR
-VERSUS-
ISAAC GIKENYE GABRIEL........................................................................................................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 himself. Accordingly, it is my ruling that the prosecution have prima facie established a case against the accused to warrant the accused being placed on his defence 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 he intends to defend himself. He is reminded nonetheless that he can do so by giving a sworn statement, unsworn statement or even keep quite. In the event that he elects to give a sworn statement, he will be liable to cross-examination by the prosecution. However if he chooses to give unsworn statement or keep quiet, he will not open himself up to cross-examination. In all cases though, he is entitled to call witness.
Ruling dated, signed and delivered at Kisii this 24th May, 2011.
ASIKE-MAKHANDIA
JUDGE