[2014] KEHC 3475 (KLR)
The court, having reconsidered and re-evaluated the testimony of the original eight prosecution witnesses and the evidence of prosecution witness number one upon recall, found that the State had established a prima facie case against the accused. The recall of the witness effectively re-opened the prosecution's...
Source-derived case information.
- Citation
- [2014] KEHC 3475 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Wanjala Ngaira
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer; Accused Placed on Defence After Recall of Prosecution Witness
- Outcome
- Accused placed on his defence; prosecution established a prima facie case.
- Judges
- K Kimondo
- Legal Topics
- Criminal Procedure, Case to Answer, Recall of Witness, Section 200 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Wanjala Ngaira
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer; Accused Placed on Defence After Recall of Prosecution Witness
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant placing him on his defence.
- 2 Whether the recall of prosecution witness number one affects the earlier finding of a case to answer.
Ratio Decidendi
The court, having reconsidered and re-evaluated the testimony of the original eight prosecution witnesses and the evidence of prosecution witness number one upon recall, found that the State had established a prima facie case against the accused. The recall of the witness effectively re-opened the prosecution's case, but the totality of the evidence still justified placing the accused on his defence under section 306(2) of the Criminal Procedure Code. The accused was accordingly placed on his defence, and the trial was to proceed from that stage.
Court Disposition
Accused placed on his defence; prosecution established a prima facie case.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA AT ELDORET
CRIMINAL CASE NO. 9 OF 2011
REPUBLIC…………………………………………………….PROSECUTOR
VERSUS
MOSES WANJALA NGAIRA…………………………………….ACCUSED
RULING
This trial opened before Mshila J. on 18th January 2012. A total of eight witnesses testified for the prosecution. On 17th December 2012, the Court found that the accused had a case to answer and placed him on his defence. The learned Judge was subsequently transferred to another station.
On 19th March 2013, the succeeding judge explained to the accused his rights under section 200 of the Criminal Procedure Code. The accused elected to proceed from where the case had reached. On 26th May 2014, the matter was listed before another judge. The rights under section 200 of the Code were explained afresh to the accused. During the latter session, the accused elected to proceed from where the case had reached but opted to recall prosecution’s witness number one. The witness was recalled and testified before me on 7th July 2014. The witness was examined briefly by the State and cross-examined by learned defence counsel.
The effect of the recall was to re-open the prosecution's case notwithstanding the earlier order of 17th December 2012. I have now reconsidered and re-evaluated the testimony of the original eight witnesses and the evidence of PW1 upon being recalled to the stand.
On the totality of that evidence, I am persuaded that the State has established a prima facie case against the accused. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now place the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 4th day of August 2014.
GEORGE KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Mr. Kemboi, Court Clerk.