[2017] KEHC 7312 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore...
Source-derived case information.
- Citation
- [2017] KEHC 7312 (KLR)
- Parties
- Applicant: Republic; Defendant: Letuiya Ltiyangoi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer and called upon to defend himself.
- Judges
- MM Kasango
- Legal Topics
- Murder Charge, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Letuiya Ltiyangoi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused for the offence of murder. The evidence adduced was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must now elect how to proceed with his defence, including the right to address the court, give evidence, or call witnesses.
Court Disposition
Accused found to have a case to answer and called upon to defend himself.
Orders
- The accused is found to have a case to answer and is called upon to defend himself as per Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 20 OF 2016
REPUBLIC ……………………………….………….......… PROSECUTOR
versus
LETUIYA LTIYANGOI ……………..…......………...…..……..… ACCUSED
RULING
1. The accused LETUYA LTIYANGOI is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty and the prosecution called a total of 10 witnesses. The prosecution proceeded to close its case.
2. I have considered the evidence adduced in this matter and I am satisfied that the accused has a case to answer. I do therefore call upon the accused to defend himself. In defending himself he is informed that he has right to address the court either personally or his advocate and to give evidence on his behalf or make an unsworn statement. The accused is also informed that he has right to call witnesses. The accused is now called upon to make an election as per Section 306(2) of the criminal procedure code.
DATED AND DELIVERED THIS 15TH DAY OF MARCH 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Ndungu
Accused: Letuiya Ltiyangoi ……………
For accused: ……………………………
For the State: ….........................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE