[2011] KEHC 2111 (KLR)
The court found that the prosecution's evidence, as presented up to this stage, is sufficient to establish a prima facie case against the accused. This finding requires the accused to be put on his defence in accordance with the law. The court reminded the accused of his rights regarding the manner in which he may...
Source-derived case information.
- Citation
- [2011] KEHC 2111 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohammed Abdalla Vincent
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused to be put on his defence.
- Legal Topics
- Prima Facie Case, Case to Answer, Accused Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohammed Abdalla Vincent
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 require him to be put on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, as presented up to this stage, is sufficient to establish a prima facie case against the accused. This finding requires the accused to be put on his defence in accordance with the law. The court reminded the accused of his rights regarding the manner in which he may present his defence, including the options of giving a sworn or unsworn statement or remaining silent, and his entitlement to call witnesses. The decision is grounded in the statutory requirement that, upon the close of the prosecution's case, the court must determine whether a prima facie case has been made out to warrant the accused being called upon to defend himself.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is put on his defence as a prima facie case has been established.
Full Case Text
Judgment text and source record
13 paragraphs
No. 2783
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 54 OF 2009
REPUBLIC..............................................................................................................PROSECUTOR
-VERSUS-
MOHAMMED ABDALLA VINCENT.............................................................................. ACCUSED
RULING
Having considered and evaluated the evidence so far adduced by the prosecution in this case, I am satisfied that a prima facie case has been established to warrant the accused being put on his defence. Accordingly I so rule. The accused is reminded that he has three ways in which to advance his defence. He can give sworn or unsworn statement of defence. He may also elect to keep silent. In the event that he elects to give a sworn statement of defence, he will be liable to cross-examination by the state counsel. That will however not happen if he elects to give unsworn statement or to keep quite. In all the cases though, he is entitled to call witnesses.
Ruling dated, signedanddelivered at Kisii this 4th day of May, 2011.
ASIKE-MAKHANDIA
JUDGE