[2014] KEHC 4399 (KLR)

[2014] KEHC 4399 (KLR)

The court, upon closing of the prosecution case, is mandated by Section 306(2) of the Criminal Procedure Code to inform the accused of his right to address the court, give evidence on his own behalf, make an unsworn statement, and call witnesses in his defence. The judge complied with this statutory requirement,...

Source-derived case information.

Citation
[2014] KEHC 4399 (KLR)
Parties
Respondent: Republic; Defendant: Mdoe Dewa Kombe
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 13 of 2013
Procedural Posture
Criminal Case / Close of Prosecution Case; Ruling Under Section 306(2) of the Criminal Procedure Code
Outcome
Accused informed of rights under Section 306(2) of the Criminal Procedure Code; matter set for defence hearing.
Judges
GO Shikwe
Legal Topics
Procedure at Close of Prosecution, Rights of Accused, Defence Evidence, Section 306 Criminal Procedure Code
Source Language
en
Criminal Law Procedure at Close of Prosecution Rights of Accused Defence Evidence Section 306 Criminal Procedure Code

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Mdoe Dewa Kombe

Defendant

Procedural Posture

Criminal Case / Close of Prosecution Case; Ruling Under Section 306(2) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the accused should be put on his defence after the close of the prosecution case.
  2. 2 Whether the accused has been informed of his rights under Section 306(2) of the Criminal Procedure Code.

Ratio Decidendi

The court, upon closing of the prosecution case, is mandated by Section 306(2) of the Criminal Procedure Code to inform the accused of his right to address the court, give evidence on his own behalf, make an unsworn statement, and call witnesses in his defence. The judge complied with this statutory requirement, thereby ensuring the accused's right to a fair trial and due process. The matter is set for defence hearing, and the accused is given the opportunity to decide on the course of his defence.

Court Disposition

Accused informed of rights under Section 306(2) of the Criminal Procedure Code; matter set for defence hearing.

Orders

  • Accused informed of his right to address the court, give evidence, make an unsworn statement, and call witnesses in defence.
  • Defence hearing scheduled for 9th October, 2014.