[2010] KEHC 495 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Musa Kosgei Kipkemoi, based on the evidence of eight prosecution witnesses. This finding required the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court reminded the...
Source-derived case information.
- Citation
- [2010] KEHC 495 (KLR)
- Parties
- Applicant: Republic; Defendant: Musa Kosgei Kipkemoi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Murder Trial, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Musa Kosgei Kipkemoi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Musa Kosgei Kipkemoi, based on the evidence of eight prosecution witnesses. This finding required the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court reminded the accused of his statutory rights to give evidence on oath, make an unsworn statement, or remain silent, and directed that he indicate his choice on record.
Court Disposition
Accused put on his defence.
Orders
- The accused is called upon to enter his defence.
- The accused is reminded of his rights under Section 306 of the Criminal Procedure Code to give evidence on oath, make an unsworn statement, or remain silent, and to indicate his choice on record.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 17 OF 2010
REPUBLIC...................................................................................................................................PROSECUTOR
VERSUS
MUSA KOSGEI KIPKEMOI.................................................................................................................ACCUSED
RULING
I have now had an opportunity to consider the evidence adduced by the eight (8) prosecution witnesses in this matter.
I am satisfied that the prosecution has established a prima facie case that the accused was the probable perpetrator of the killing of the deceased herein. I therefore call upon the accused to his defence.
The accused is however remanded of his statutory rights under Section 306 of the Criminal Procedure Code, either to give evidence on oath and be subjected to cross-examination and to call witnesses on his behalf, or to give an unsworn statement, and be not subject to cross-examination, or to remain silent. He will for the record indicate his choice or election.
Those are the orders of the court.
Dated, delivered and signed at Nakuru this 10th day of December, 2010
M. J. ANYARA EMUKULE
JUDGE