[2011] KEHC 1145 (KLR)
The court found that the prosecution's evidence established a prima facie case against the accused, Joseph Lesire Chekem, sufficient to require him to be put on his defence. The judge considered the evidence tendered and was satisfied that it met the threshold required at this stage of the proceedings. Accordingly,...
Source-derived case information.
- Citation
- [2011] KEHC 1145 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Lesire Chekem
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2004
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- MSA Makhandia
- Legal Topics
- Prima Facie Case, Case to Answer, Accused Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Lesire Chekem
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 require him to be put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence established a prima facie case against the accused, Joseph Lesire Chekem, sufficient to require him to be put on his defence. The judge considered the evidence tendered and was satisfied that it met the threshold required at this stage of the proceedings. Accordingly, the accused was informed of his rights regarding the manner in which he could present his defence, including giving a sworn statement, an unsworn statement, or remaining silent, and his entitlement to call witnesses.
Court Disposition
Accused put on his defence.
Orders
- The accused is placed on his defence and invited to indicate the manner in which he intends to defend himself.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 65 OF 2004
REPUBLIC ……………………….…………………….RESPONDENT
-VERSUS-
JOSEPH LESIRE CHEKEM……….….…………………….ACCUSED
RULING
I have considered the evidence so far tendered by the prosecution in support of the information preferred against the accused and I am satisfied that such evidence has established a prima facie case against the accused to warrant him being placed on his defence and I so rule.
The accused is reminded that there are three lawful ways in which he can defend himself. One, he can give a sworn statement of defence. If he elects to do so, he will be subject to cross-examination by the prosecutor and questions from court. Second, he can elect to make a sworn statement of defence. In this case, he will not be subject to cross-examination. Lastly, he may elect to keep silent. In all the cases however, he is entitled to call witness.
I will now invite the accused to tell me in which manner he intends to defend himself.
Ruling dated, signed and delivered at Kisii on this 30th day of September, 2011.
ASIKE – MAKHANDIA
JUDGE