[2010] KEHC 496 (KLR)
The court found that the prosecution's evidence, comprising testimonies from four witnesses including the Investigating Officer and the Doctor, was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance...
Source-derived case information.
- Citation
- [2010] KEHC 496 (KLR)
- Parties
- Applicant: Republic; Defendant: Mike Kipchirchir Kimongo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mike Kipchirchir Kimongo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, comprising testimonies from four witnesses including the Investigating Officer and the Doctor, was sufficient to establish a prima facie case against the accused. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court reminded the accused of his statutory rights regarding the manner of giving his defence and the option to call witnesses or remain silent.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence under Section 306 of the Criminal Procedure Code.
- The accused is reminded of his statutory rights to give evidence on oath, make an unsworn statement, call witnesses, or remain silent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 28 OF 2008
REPUBLIC…………………………………………………..……............................………………………PROSECUTOR
VERSUS
MIKE KIPCHIRCHIR KIMONGO……………………………….....................................………………………..ACCUSED
RULING
The accused Mike Kipchirchir Kimongo was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code(Cap. 63, Laws of Kenya).
The particulars are that the accused Mike Kipchirchir Kimongo on the 6th day of February 2008 at Perer Village Eldama Ravine in Koibatek District within Rift Valley Province, murdered Benjamin Kiprono.
The prosecution called four witnesses including the Investigating Officer and the Doctor whose evidence I have now considered. The evidence does in my view show aprima facie case upon which I find that the accused has a case to answer.
I therefore put the accused to his defence, and remind him of his statutory right under Section 306 of the Criminal Procedure Code,(Cap. 75, Laws of Kenya)to give evidence on oath and be subjected to cross-examination or give an unsworn statement and not be subjected to cross-examination, and to call witnesses. He may also opt to remain silent.
Upon completion of reading this Ruling, I call upon the accused or his Advocate on record to indicate which of these rights the accused will opt to exercise.
There shall be orders accordingly.
Dated, delivered and signed at Nakuru this 10th day of December, 2010
M. J. ANYARA EMUKULE
JUDGE