[2011] KEHC 1415 (KLR)
The court found that the prosecution's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused is reminded of his statutory rights: to give evidence on...
Source-derived case information.
- Citation
- [2011] KEHC 1415 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Ngethe Njuguna
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2006
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence; case to proceed to defence hearing.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Case to Answer, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Julius Ngethe Njuguna
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's evidence was sufficient to establish a prima facie case against the accused. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The accused is reminded of his statutory rights: to give evidence on oath and call witnesses, to give an unsworn statement, or to remain silent. The court's decision is based on the threshold that, if no explanation is offered by the accused, a conviction could result on the evidence presented by the prosecution.
Court Disposition
Accused put on his defence; case to proceed to defence hearing.
Orders
- The accused is put on his defence.
- The accused is reminded of his rights under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 15 OF 2006
REPUBLIC……………………………………………....…………….…………………PROSECUTOR
VERSUS
JULIUS NGETHE NJUGUNA…………………..…………………..…..………………….ACCUSED
RULING
I have now had an opportunity to review the evidence adduced 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.
In accordance with the requirements of Section 306(2) of the Criminal Procedure Code,(Cap. 75, Laws of Kenya) the accused is reminded of his statutory rights -
(1)to give evidence on oath and to call witnesses to testify on his behalf. If he elects to give sworn testimony, he will be liable to cross- examination, or
(2) to give an unsworn statement and escape cross-examination, or
(3) to remain silent.
The accused is asked through his Advocate on record to State which of these rights he will exercise.
Dated, delivered and signed at Nakuru this 1st day of July 2011
M. J. ANYARA EMUKULE
JUDGE