[2012] KEHC 4501 (KLR)
The court found that the prosecution had established a prima facie case against both accused persons for the offence of murder as defined under Section 203 of the Penal Code. Consequently, pursuant to Section 306(2) of the Criminal Procedure Code, the court ordered that both accused be put on their defence. The...
Source-derived case information.
- Citation
- [2012] KEHC 4501 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Lesho Tengesi; Defendant: George Kimani Kinoti
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused persons put on their defence.
- Judges
- MJA Emukule
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Lesho Tengesi
Defendant
George Kimani Kinoti
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 for the offence of murder.
- 2 Whether the accused should be put on their defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against both accused persons for the offence of murder as defined under Section 203 of the Penal Code. Consequently, pursuant to Section 306(2) of the Criminal Procedure Code, the court ordered that both accused be put on their defence. The court also reminded the accused of their constitutional and statutory rights regarding the manner of presenting their defence, including the right to give evidence on oath, make an unsworn statement, or remain silent.
Court Disposition
Accused persons put on their defence.
Orders
- Each accused is put on his defence under Section 306(2) of the Criminal Procedure Code.
- Each accused is reminded of his right to give evidence on oath, make an unsworn statement, or remain silent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAKURU
Criminal Case 83 of 2007
REPUBLIC…………………………………..……………………PROSECUTOR
VERSUS
JULIUS LESHO TENGESI……………………...………………..1ST ACCUSED
GEORGE KIMANI KINOTI……………………..…………………2ND ACCUSED
RULING
I have now had opportunity to review the prosecution\'s evidence. I am satisfied that the prosecution has established a prima facie against both accused to the offence of murder contrary to Section 203 of the Penal Code,(Cap. 63, Laws of Kenya).
In exercise of the powers conferred upon this court by virtue of the provisions of Section 306(2) of the Criminal Procedure Code(Cap. 75, Laws of Kenya),I put each of the accused to his defence and remind each of them of his constitutional and statutory rights -
(a)to give evidence on oath, and be thereby be subject to cross examination by the prosecution;
(b) to give an unsworn statement, and thereby be not subject to cross-examination; or
(c) to remain silent.
Each of the accused will indicate which of these three rights he will exercise through submission of his counsel upon the hearing of the defence case.
It is so ordered.
Dated and delivered at Nakuru this 18th day of May, 2012
M. J. ANYARA EMUKULE
JUDGE