[2018] KEHC 9086 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused. This finding obliges the court to call upon the accused to enter his defence, as required by law. The court explained the accused's rights at this stage: he may give sworn or unsworn evidence or...
Source-derived case information.
- Citation
- [2018] KEHC 9086 (KLR)
- Parties
- Applicant: Republic; Defendant: John Otiede Alfayo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to enter defence.
- Judges
- AT Sitati
- Legal Topics
- Prima Facie Case, Case to Answer, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Otiede Alfayo
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 requiring him to be put on his defence.
- 2 What options are available to the accused in presenting his defence.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused. This finding obliges the court to call upon the accused to enter his defence, as required by law. The court explained the accused's rights at this stage: he may give sworn or unsworn evidence or remain silent, and he may call witnesses. The ruling is procedural, confirming that the evidence adduced by the prosecution meets the threshold for requiring the accused to respond, but does not determine guilt or innocence at this stage.
Court Disposition
Accused found to have a case to answer and ordered to enter defence.
Orders
- The accused is required to defend himself by choosing one of the three options: give sworn evidence, give unsworn evidence, or remain silent.
- The accused may call witnesses in his defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL DIVISION
CRIMINAL CASE NO. 60 OF 2013
REPUBLIC....................................PROSECUTOR
VERSUS
JOHN OTIENDE ALFAYO..................ACCUSED
R U L I N G
1. Having listened to all the 10 prosecution witnesses in this matter. I am satisfied that the prosecution has established a prima facie case against the accused person requiring him to be put on his defence. In this regard, the accused is required to defend himself. He may give sworn or unsworn evidence. In the alterative, he may choose to remain silent and let the court decide the case on the evidence that is before it.
2. If accused elects to give sworn evidence both the court and the prosecutor may ask him questions. If he gives sworn evidence, he will not be asked question. In both scenarios, the accused is at liberty to call witnesses.
3. It is now upon the accused either directly or through is advocate to indicate which of the three options he will take to defending himself.
It is so ordered.
Ruling delivered, dated and signed in open court here at Kakamega this 7th day of May 2018
RUTH N. SITATI
JUDGE
In the presence of:
Mr. Ngetich……………………………………..for State
Miss Andia ……………………………………for Accused
Polycap………………………………………....Court Assistant