[2011] KEHC 3194 (KLR)
The court found that the prosecution's evidence, as presented, was sufficient to establish a prima facie case against the accused. Consequently, the accused must be called upon to make his defence. The court clarified the procedural rights of the accused at this stage, including the options for making a defence and...
Source-derived case information.
- Citation
- [2011] KEHC 3194 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Omwono Omboki
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2005
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Legal Topics
- Prima Facie Case, Burden of Proof, Accused Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Omwono Omboki
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to make a defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented, was sufficient to establish a prima facie case against the accused. Consequently, the accused must be called upon to make his defence. The court clarified the procedural rights of the accused at this stage, including the options for making a defence and the implications of each choice regarding cross-examination and the calling of witnesses.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is called upon to make his defence, either by sworn or unsworn statement or by remaining silent, and may call witnesses if he so wishes.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 52 OF 2005
REPUBLIC....................................................................................................................PROSECUTOR
-VERSUS-
JOSEPH OMWONO OMBOKI ..........................................................................................ACCUSED
RULING
Having considered the evidence on record so far adduced by the prosecution, I am satisfied that a prima facie case has been established to warrant the accused being called upon to defend himself. He can do so by either giving a sworn or unsworn statement or elect to keep quite. In the event that he elects to give a sworn statement, he will be subjected to cross-examination by the state counsel. However that will not be the case in the event that he elects to give unsworn statement or keep quite. However in all the above scenarios, the accused is entitled to call witnesses if he so wishes.
Ruling dated, signedanddelivered at Kisii this 8th day of April, 2011.
ASIKE-MAKHANDIA
JUDGE