[2014] KEHC 6026 (KLR)
The court, upon the close of the prosecution case, complied with Section 306(2) of the Criminal Procedure Code by informing each accused of their right to address the court, give evidence on their own behalf, make an unsworn statement, and call witnesses. The accused, through their advocate, elected to give sworn...
Source-derived case information.
- Citation
- [2014] KEHC 6026 (KLR)
- Parties
- Applicant: Republic; Defendant: Ndoro Chaka Mwamzuka; Defendant: Nyondo Chaka Mwamzuka; Defendant: Jumaa Mgandi Mbovu; Defendant: Athuman Chaka Mbega
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2012
- Procedural Posture
- Criminal Case / Close of Prosecution Case; Directions for Defence Hearing
- Outcome
- Directions given for defence hearing; accused to give sworn evidence and call witnesses.
- Judges
- GO Shikwe
- Legal Topics
- Procedure at Close of Prosecution, Rights of Accused, Defence Evidence, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ndoro Chaka Mwamzuka
Defendant
Nyondo Chaka Mwamzuka
Defendant
Jumaa Mgandi Mbovu
Defendant
Athuman Chaka Mbega
Defendant
Procedural Posture
Criminal Case / Close of Prosecution Case; Directions for Defence Hearing
Legal Issues
- 1 Whether the accused persons have a case to answer at the close of the prosecution case.
- 2 What are the rights of the accused persons at this stage of the proceedings.
Ratio Decidendi
The court, upon the close of the prosecution case, complied with Section 306(2) of the Criminal Procedure Code by informing each accused of their right to address the court, give evidence on their own behalf, make an unsworn statement, and call witnesses. The accused, through their advocate, elected to give sworn evidence and call witnesses. The matter was then set down for defence hearing, ensuring the accused's procedural rights were protected.
Court Disposition
Directions given for defence hearing; accused to give sworn evidence and call witnesses.
Orders
- Defence hearing scheduled for 21st May, 2014.
- Accused persons to give sworn evidence and call witnesses in their defence.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 50 OF 2012
REPUBLIC.....…................................................….. PROSECUTOR
VERSUS
1. NDORO CHAKA MWAMZUKA
2. NYONDO CHAKA MWAMZUKA
3. JUMAA MGANDI MBOVU
4. ATHUMAN CHAKA MBEGA ……..........................…ACCUSEDS
RULING
Upon close of prosecution case and in Compliance to Section 306 (2) of the Criminal Procedure Code each Accused is informed of his right to address the Court, either personally or by his Advocate (if any), to give evidence on his own behalf, or to make an unsworn statement, and to call Witnesses in his defence, and in all cases to say whether it is intended to call any Witnesses as to fact other than the Accused person himself.
…..............
M. MUYA
JUDGE
1ST APRIL, 2014
Mr. Omuya: The Accused persons will give sworn evidence and call Witnesses.
M. MUYA
JUDGE
Ruling delivered dated and signed this 1st day of April, 2014.
In the presence of:-
Learned Counsel for the State
Learned Counsel for the defence Mr. Omuya holding brief Kenga.
Court clerk Musundi
Court: Defence hearing on 21st May, 2014.
…..............
M. MUYA
JUDGE
1ST APRIL, 2014