[2009] KEHC 2988 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused for the offence of murder as charged under Section 203 as read with 204 of the Penal Code. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2009] KEHC 2988 (KLR)
- Parties
- Applicant: Republic; Defendant: Matipei Koshoi Parko; Defendant: Muoki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 85 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Prosecution has established a prima facie case; accused to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, 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
Matipei Koshoi Parko
Defendant
Muoki
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.
- 2 What are the rights of the accused at the close of the prosecution case in a murder trial.
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 as charged under Section 203 as read with 204 of the Penal Code. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the procedural rights available to the accused at this stage: to give a sworn or unsworn statement, to call witnesses, or to remain silent. The ruling does not determine guilt but ensures the accused is informed of his rights and the next procedural steps, as the evidence presented meets the threshold for a defence to be called.
Court Disposition
Prosecution has established a prima facie case; accused to be 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 informed of his rights to give a sworn or unsworn statement, call witnesses, or remain silent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS) Criminal Case 85 of 2006
REPUBLIC...................................................................APPLICANT
-VS-
MATIPEI KOSHOI PARKO...................................DEFENDANT
RULING
The accused has been charged for the offence of murder, contrary to Section 203 as read with 204 of the Penal Code Cap. 63 Laws of Kenya. The particulars of the offence as stated on the information are as follows:
“On the 24th day of September 2004 at Kumpa Masai reserve, within Kajiado District Rift Valley Province murdered LETEIYO NKURUMA.”
After carefully perusing the evidence of the 10 witnesses, I hereby find that the prosecution has established a prima facie case against the accused to require him to be put on his defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused has the option to address the court either personally or by his advocate. In the event that the accused opts to give a sworn statement, then he will be subjected to cross-examination. The accused also has a right to call any number of witnesses in his defence.
Secondly, the accused has a right to make an unsworn statement and call witnesses to his defence. In the event that the accused exercises the second option, he will not be subjected to any cross-examination.
Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel to sum up the case against the accused person. Consequently, the court shall then call
on the accused person personally or by his advocate to address the court on his own behalf.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of the accused and
Ong’ondo ………………...…………………………….Defence Counsel
Muoki ….…………………...….……………………………. For Accused
MUGA APONDI
JUDGE
10TH JUNE, 2009