[2011] KEHC 2254 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. This finding obliges the accused to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused for his...
Source-derived case information.
- Citation
- [2011] KEHC 2254 (KLR)
- Parties
- Applicant: Republic; Defendant: Jenes Bikeri Ondieki Mocha
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is placed on his defence.
- Legal Topics
- Case to Answer, Prima Facie Case, Criminal Procedure, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jenes Bikeri Ondieki Mocha
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 obliges the accused to be placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court explained the options available to the accused for his defence, including giving a sworn or unsworn statement or remaining silent, and clarified the consequences of each choice regarding cross-examination and the right to call witnesses.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused is called upon to indicate how he intends to defend himself as per section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
13 paragraphs
No. 2813
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 36 OF 2009
REPUBLIC..................................................................................................PROSECUTOR
-VERSUS-
JENES BIKERI ONDIEKI MOCHA.....................................................................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 23rd May, 2011.
ASIKE-MAKHANDIA
JUDGE