[2013] KEHC 159 (KLR)
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused for the charge of murder. Consequently, the accused is required to be put on his defence in accordance with the law. The court reminded the accused of his constitutional and statutory rights...
Source-derived case information.
- Citation
- [2013] KEHC 159 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Mariga Maruga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 107 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence; matter proceeds to defence hearing.
- Judges
- MJA Emukule
- Legal Topics
- Murder Trial, Prima Facie Case, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mariga Maruga
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused for the charge of murder. Consequently, the accused is required to be put on his defence in accordance with the law. The court reminded the accused of his constitutional and statutory rights regarding the manner of his defence, including the right to remain silent, to give sworn or unsworn evidence, and to call witnesses. The ruling is procedural, determining that the evidence adduced by the prosecution is sufficient to require an answer from the accused, but does not make any finding on guilt at this stage.
Court Disposition
Accused put on his defence; matter proceeds to defence hearing.
Orders
- The accused is put on his defence.
- Counsel for the accused to indicate the mode of defence to be adopted.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE 107 OF 2008
REPUBLIC ….............................................................................. PROSECUTOR
VERSUS
JOSEPH MARIGA MARUGA …..........................................................ACCUSED
RULING
I have now had the benefit of reviewing the evidence of the nine (9) witnesses led by the prosecution. I am satisfied that the prosecution has established a prima faciecase against the accused, and I accordingly put the accused to his defence.
I remind the accused both of his constitutional and statutory right -
(a) to give evidence on oath and be cross-examined, and to call witnesses on his his defence,
(b)to give an un sworn statement and escape cross-examination.
(c) to remain silent.
I call upon counsel for the accused to state now or later which of these options the accused proposes to take in answer to the charge or murder against him.
It is so ordered.
Dated, signed and delivered at Nakuru this 18th day of December, 2013
M. J. ANYARA EMUKULE
JUDGE