[2014] KEHC 6960 (KLR)
The court, having closed the prosecution case, complied with the statutory requirement to inform the accused persons of their rights under Section 306(2) of the Criminal Procedure Code. The accused, through counsel, elected to give unsworn evidence and not to call any witnesses. The court accordingly fixed a date...
Source-derived case information.
- Citation
- [2014] KEHC 6960 (KLR)
- Parties
- Applicant: Republic; Defendant: Mtawali Amini Ngawa; Defendant: Safari Foleni Ngawa; Defendant: Charo Chome Kitsao; Defendant: Foleni Karima Ngawa; Defendant: Saidi Amini Ngawa; Defendant: Banaka Ngawa Chome; Defendant: Ngala Charo Ponda; Defendant: Abeid Amin Ngawa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2012
- Procedural Posture
- Criminal Case / Close of Prosecution; Directions for Defence Hearing
- Outcome
- Directions given for defence hearing; accused to give unsworn evidence; no witnesses to be called.
- Judges
- GO Shikwe
- Legal Topics
- Right of Defence, Unsworn Evidence, Procedure After Prosecution Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mtawali Amini Ngawa
Defendant
Safari Foleni Ngawa
Defendant
Charo Chome Kitsao
Defendant
Foleni Karima Ngawa
Defendant
Saidi Amini Ngawa
Defendant
Banaka Ngawa Chome
Defendant
Ngala Charo Ponda
Defendant
Abeid Amin Ngawa
Defendant
Procedural Posture
Criminal Case / Close of Prosecution; Directions for Defence Hearing
Legal Issues
- 1 Whether the accused persons have been informed of their right to address the court and present their defence after the close of the prosecution case.
- 2 Whether the accused persons will give evidence on their own behalf or make unsworn statements.
Ratio Decidendi
The court, having closed the prosecution case, complied with the statutory requirement to inform the accused persons of their rights under Section 306(2) of the Criminal Procedure Code. The accused, through counsel, elected to give unsworn evidence and not to call any witnesses. The court accordingly fixed a date for the defence hearing, ensuring procedural fairness and upholding the accused persons' right to be heard in their defence.
Court Disposition
Directions given for defence hearing; accused to give unsworn evidence; no witnesses to be called.
Orders
- Defence hearing scheduled for 30th April, 2014.
- Accused persons to give unsworn evidence.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 40 OF 2012
REPUBLIC.....….....................................................….. PROSECUTOR
VERSUS
MTAWALI AMINI NGAWA
SAFARI FOLENI NGAWA
CHARO CHOME KITSAO
FOLENI KARIMA NGAWA
SAIDI AMINI NGAWA
BANAKA NGAWA CHOME
NGALA CHARO PONDA
ABEID AMIN NGAWA .…….......................................…ACCUSED PERSONS
RULING
After close of the case for prosecution the Accused persons are informed that each has a right to address the Court, either personally or by his Advocate, to give evidence on his own behalf, or to make an unsworn statement and to call witnesses in his defence.
Ruling delivered and dated this 19th day of February, 2014.
…..............
M. MUYA
JUDGE
19TH FEBRUARY, 2014
In the presence of:-
Mr. Mushelle Counsels for the defence
Learned State Counsel Miss Mwaura
Court clerk Musundi
M. MUYA
JUDGE
Mr. Mushelle: We are asking for a date for defence. We will not call any Witnesses.
Miss Kipsang: 3rd Accused will give unsworn evidence.
Mushelle: They will give unsworn evidence
Court: Defence hearing 30th April, 2014.
….................
M. MUYA
JUDGE
19TH FEBRUARY, 2014