[2011] KEHC 2378 (KLR)
The court found that the prosecution evidence on record was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused was reminded of his statutory rights to give...
Source-derived case information.
- Citation
- [2011] KEHC 2378 (KLR)
- Parties
- Respondent: Republic; Defendant: Isaac Ngige Kamau
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused put on his defence
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Criminal Trial Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Isaac Ngige Kamau
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution evidence on record was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused was reminded of his statutory rights to give evidence on oath, to call witnesses, to give an unsworn statement, or to remain silent, and was called upon to elect which right to exercise for the record and further proceedings.
Court Disposition
accused put on his defence
Orders
- The accused is put on his defence and called upon to elect how to proceed in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 106 OF 2007
REPUBLIC……………………………..……………………………………………PROSECUTOR
VERSUS
ISAAC NGIGE KAMAU………………………..…………….………………………ACCUSED
RULING
I have now had opportunity to peruse the prosecution evidence on record in this matter, and concluded that the prosecution has established a prima facie case which has persuaded me to put the accused on his defence.
In accordance with the provisions of Section 306(2) of the Criminal Procedure Code,(Cap. 75, Laws of Kenya), the accused is reminded of his statutory right to give evidence on oath and to call witnesses to testify on his behalf, and thereby be subjected to cross-examination, or to give an unsworn statement and be not subjected to cross-examination or to remain silent.
The accused is called upon through his Advocate on record to elect which of these rights he chooses to exercise for purposes of record and further proceedings in this matter.
It is so ordered.
Dated, signed and delivered at Nakuru this 20th day of May 2011
M. J. ANYARA EMUKULE
JUDGE