[2007] KEHC 2429 (KLR)
The court found that the prosecution, through the evidence adduced and specifically the testimony of PW4, had established a prima facie case against each of the accused persons sufficient to require them to be placed on their defence for the charge of murder. The court accordingly invoked section 306(2) of the...
Source-derived case information.
- Citation
- [2007] KEHC 2429 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Orapa & 2 Others
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 & 41 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons placed on their defence; defence hearing scheduled.
- Legal Topics
- Murder Trial, Prima Facie Case, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Orapa & 2 Others
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 persons to require them to be placed on their defence on the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the evidence adduced and specifically the testimony of PW4, had established a prima facie case against each of the accused persons sufficient to require them to be placed on their defence for the charge of murder. The court accordingly invoked section 306(2) of the Criminal Procedure Code, informing the accused of their rights regarding the mode of defence, including the right to remain silent, to make an unsworn statement, to testify on oath and be cross-examined, and to call witnesses. The accused elected to consult their advocate before making a decision on the mode of defence. The court scheduled the defence hearing and extended bond and...
Court Disposition
Accused persons placed on their defence; defence hearing scheduled.
Orders
- Accused persons to be placed on their defence under section 306(2) of the Criminal Procedure Code.
- Defence hearing to proceed on 29.5.2007.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Criminal Case 2 & 41 of 2006
(CONSOLIDATED WITH CRIMINAL 41 OF 2006)
REPUBLIC………………….…………………….PROSECUTOR
VS
ISAAC ORAPA & 2 OTHERS…………….…………ACCUSED
RULING
I have carefully gone through the evidence adduced so far and more particularly the evidence of PW4. I am satisfied that the state has established a prima facie case against each of the offenders to require them to be placed on to their defence on the charge of murder as charged. They are accordingly placed onto their defence under section 306 (2) of the Criminal Procedure Code.
They are clearly informed that in making their defence, they have a right to make an unsworn statement of defence. They can testify on oath in which case they may be cross-examined by the prosecution and further that they may also opt to exercise their Constitutional Right to remain silent. They are also informed of their right to call any witness in support of their defence.
On being so informed, the offenders reply:-
They say they went to co suit their advocate on the mode of defence.
W. KARANJA
JUDGE
COURT: Election to be made on the date scheduled for defence.
W. KARANJA
JUDGE
ORDER:Defence hearing to proceed on 29. 5.2007. Bond extended and remanded in custody.
W. KARANJA
JUDGE
22/5/2007