[2022] KEHC 12794 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused sufficient to require him to be put on his defence under section 306(2) of the Criminal Procedure Code. The court further held that the accused must be informed of his right to make his defence, in...
Source-derived case information.
- Citation
- [2022] KEHC 12794 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kiranki M'imuti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 114 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(2) CPC
- Outcome
- Case to answer found; accused to be put on his defence.
- Judges
- EM Muriithi
- Legal Topics
- Case to Answer, Criminal Procedure Code Section 306, Right to Fair Trial, Defence Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kiranki M'imuti
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(2) CPC
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused under section 306(2) of the Criminal Procedure Code.
- 2 Whether the accused should be called upon to make his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused sufficient to require him to be put on his defence under section 306(2) of the Criminal Procedure Code. The court further held that the accused must be informed of his right to make his defence, in accordance with his constitutional right to adduce and challenge evidence under Article 50(2)(k) of the Constitution. The matter is to proceed to defence hearing, to be scheduled in consultation with counsel for both parties.
Court Disposition
Case to answer found; accused to be put on his defence.
Orders
- The accused is found to have a case to answer and is called upon to make his defence.
- The defence hearing shall be fixed in consultation with counsel for the accused and for the DPP.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v M'imuti (Criminal Case 114 of 2016) [2022] KEHC 12794 (KLR) (31 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12794 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case 114 of 2016
EM Muriithi, J
August 31, 2022
Between
Republic
Prosecutor
and
Charles Kiranki M'imuti
Accused
Ruling
1. Upon considering the evidence presented by the prosecution through its eight (8) witnesses, the court finds that in terms of section 306 (2) of the Criminal Procedure Codethere is evidence that the accused committed the offence charged.
2. Pursuant to section 306 (2) of the CPC, the court shall inform that accused of his right to make this defence in accordance with his Constitutional Right to “adduce and challenge evidence” under article 50 (2) (k) of the Constitution.
3. The defence hearing shall be fixed in consultation with the counsel for the accused and for the DPP.Order accordingly.
DATED AND DELIVERED THIS 31STDAY OF AUGUST 2022. EDWARD M. MURIITHIJUDGEAppearances:Ms. B. Nandwa Prosecution Counsel for DPP.Mr. Muchomba, Advocate for the Accused.