[2012] KEHC 644 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Mark Letuluo, sufficient to require him to be put on his defence. This decision was made after reviewing the prosecution's evidence and applying Section 306(2) of the Criminal Procedure Code. The accused was accordingly...
Source-derived case information.
- Citation
- [2012] KEHC 644 (KLR)
- Parties
- Applicant: Republic; Defendant: Mark Letuluo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Defence Rights, Criminal Procedure, Accused Persons Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mark Letuluo
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 warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Mark Letuluo, sufficient to require him to be put on his defence. This decision was made after reviewing the prosecution's evidence and applying Section 306(2) of the Criminal Procedure Code. The accused was accordingly informed of his constitutional and statutory rights regarding the manner of his defence, including the options to give evidence on oath, make an unsworn statement, or remain silent, and to call witnesses. The court ordered that the accused, through his advocate, indicate which defence option he would exercise.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
- The accused is reminded of his constitutional and statutory rights regarding his defence options.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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REPUBLIC........................................................................................PROSECUTOR
VERSUS
MARK LETULUO.....................................................................................ACCUSED
RULING
I have had an opportunity to review the prosecution evidence and I am satisfied that the Republic has established a prima facie case against the Accused herein.
In accordance therefore with the provisions of Section 306(2) of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), I put the accused to his defence, and remind him of his constitutional and statutory rights -
(a) to give evidence on oath and be subjected to cross-examination by the prosecution, and to call witnesses to testify on your behalf,
(b) to give an unsworn statement and not be subjected to cross- examination, and
(c) to remain silent.
You, the accused, will through your Advocate on record indicate which of these options you will or wish to exercise.
It is so ordered.
Dated, signed and delivered at Nakuru this 2nd day of November, 2012
M. J. ANYARA EMUKULE
JUDGE