[2009] KEHC 2643 (KLR)
The court found that the prosecution had established a prima facie case against the accused, meaning that there was sufficient evidence on record which, if uncontradicted, would warrant a conviction. Consequently, the accused was called upon to make his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2009] KEHC 2643 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Nderitu Mihang’o
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2008
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused placed on his defence.
- Judges
- MSA Makhandia
- Legal Topics
- Prima Facie Case, No Case to Answer, Criminal Procedure, Defence Election
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Joel Nderitu Mihang’o
Defendant
Procedural Posture
Criminal Case / Ruling on No 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 established a prima facie case against the accused, meaning that there was sufficient evidence on record which, if uncontradicted, would warrant a conviction. Consequently, the accused was called upon to make his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court reminded the accused of his right to elect the manner of his defence and to call witnesses if he so wished.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence under Section 306(2) of the Criminal Procedure Code.
- The accused is called upon to elect whether to make a sworn statement, unsworn statement, or remain silent, and is reminded of his right to call witnesses.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Criminal Case 7 of 2008
REPUBLIC ....................................................... PROSECUTOR
VERSUS
JOEL NDERITU MIHANG’O .................................. ACCUSED
R U L I N G
I have carefully reviewed and considered the evidence so far adduced by the prosecution in support of the charge as well as rival oral submissions on no case to answer. I am however satisfied that the prosecution have been able to establish a prima facie case to warrant the accused being placed on his defence. In terms of Section 306(2) of the Criminal Procedure Code I now place the accused on his defence. I also now call upon him to elect whether he will make sworn, unsworn statement or whether he will elect to keep quiet. Whichever election he makes he is reminded that he has right to call witnesses.
Dated at Nyeri this 30th day of June 2009
M. S. A. MAKHANDIA
JUDGE