[2017] KEHC 7801 (KLR)
The court found that the prosecution, having called thirteen witnesses, established a prima facie case against the accused minor for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2017] KEHC 7801 (KLR)
- Parties
- Applicant: Republic; Defendant: J N G
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and called upon to make his defence.
- Judges
- MM Kasango
- Legal Topics
- Murder Charge, Minor Accused, Case to Answer, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
J N G
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called thirteen witnesses, established a prima facie case against the accused minor for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court accordingly ruled that the accused has a case to answer and informed him of his rights to address the court, give evidence, or make an unsworn statement, and to call witnesses in his defence.
Court Disposition
Accused found to have a case to answer and called upon to make his defence.
Orders
- The accused is found to have a case to answer and is called upon to defend himself as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 15 OF 2016
REPUBLIC … PROSECUTOR
versus
J N G …….....……. SUBJECT
RULING
1. J N G,a minor was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He pleaded not guilty. The state adduced evidence of thirteen witnesses before closing the prosecution’s case.
2. Having considered the prosecution’s evidence I am satisfied that the subject has a case to answer. I do therefore call upon the subject to defend himself. In doing so I inform the subject that he has a right to address the court, either personally or by his advocate and give evidence on his own behalf, or make unsworn statement. The subject is also informed he has right to call witnesses. The subject is now called to make his election as per section 306(2) of the Criminal Procedure Code.
DATED AND DELIVERED THIS 20TH DAY OF FEBRUARY 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue
Accused: J N G ..........................................
For accused: .................................................
For the State: …..............................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE