[2017] KEHC 8273 (KLR)
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against the accused for the offence of murder. Accordingly, pursuant to Section 306(2) of the Criminal Procedure Code, the accused was called upon to elect how he would present his defence, having...
Source-derived case information.
- Citation
- [2017] KEHC 8273 (KLR)
- Parties
- Applicant: Republic; Defendant: Lokula Achuka alias Hassan
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and called upon to make his defence.
- Judges
- MM Kasango
- Legal Topics
- Murder, Criminal Procedure, Case to Answer, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lokula Achuka alias Hassan
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, after reviewing the evidence presented by the prosecution, found that a prima facie case had been established against the accused for the offence of murder. Accordingly, pursuant to Section 306(2) of the Criminal Procedure Code, the accused was called upon to elect how he would present his defence, having been informed of his rights to address the court, give evidence, make an unsworn statement, and call witnesses.
Court Disposition
Accused found to have a case to answer and called upon to make his defence.
Orders
- The accused is called upon to elect how he shall present his defence 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 KENYAAT NANYUKI
CRIMINAL CASE NO. 18 OF 2016
REPUBLIC …………….…….…………….……………….. PROSECUTOR
-Versus-
LOKULA ACHUKA ALIAS HASSAN ………………………….. ACCUSED
RULING
1. The accusedLOKULA ACHUKAalias HASSAN is charged withoffence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to that charge. The prosecution called total of nine witnesses before closing its case.
2. This court is obligated underSection 306 of the Criminal Procedure Code Cap 75 to consider whether the accused has a case to answer.
3. I have reconsidered the evidence tendered by the prosecution and I am satisfied that that evidence is sufficient for the accused to be called upon to defend himself. Accordingly as per Section 306 (2)ofCap 75 the accused is called upon to elect how he shall present his defence. In that regard he is informed that he has the right to address the court, either personally or by advocate and given evidence on his own behalf, or to make unsworn statement and to call witnesses in his defence.
Dated and Delivered at Nanyuki this 25th January, 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue
Accused: LOKULA ACHUKA ALIAS HASSAN
For state: …………………………
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE