[2017] KEHC 420 (KLR)
The court found that the prosecution, having called 8 witnesses, had established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused was...
Source-derived case information.
- Citation
- [2017] KEHC 420 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kigundu Kimani
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and is called upon to defend himself.
- Judges
- MM Kasango
- Legal Topics
- Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kigundu Kimani
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court found that the prosecution, having called 8 witnesses, had established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused was therefore called upon to elect how to proceed with his defence, being informed of his rights to address the court, give evidence, make an unsworn statement, and call witnesses.
Court Disposition
Accused found to have a case to answer and is called upon to defend himself.
Orders
- The accused is found to have a case to answer and is called upon to make his election 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. 35 OF 2016
REPUBLIC....................................PROSECUTOR
VERSUS
JOSEPH KIGUNDU KIMANI.............ACCUSED
RULING
1. The accused JOSEPH KIGUNDU KIMANI is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty and the prosecution called a total of 8 witnesses. The prosecution proceeded to close its case.
2. I have considered the evidence adduced in this matter and I am satisfied that the accused has a case to answer. I do therefore call upon the accused to defend himself. In defending himself he is informed that he has right to address the court either personally or his advocate and to give evidence on his behalf or make an unsworn statement. The accused is also informed that he has right to call witnesses. The accused is now called upon to make an election as per Section 306(2) of the criminal procedure code.
DATED and DELIVERED at NANYUKI this 4TH day of OCTOBER 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
Accused: Joseph Kigundu Kimani ………………
For accused: …………………………………………
For the State: …..................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE