[2011] KEHC 2174 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was called upon to enter his defence, as required by law when the prosecution's evidence meets the threshold for a case to answer. The accused was informed of his rights...
Source-derived case information.
- Citation
- [2011] KEHC 2174 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Olang Oloo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence.
- Legal Topics
- Prima Facie Case, Case to Answer, Defence Options
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Paul Olang Oloo
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 had adduced sufficient evidence to establish a prima facie case against the accused. Consequently, the accused was called upon to enter his defence, as required by law when the prosecution's evidence meets the threshold for a case to answer. The accused was informed of his rights regarding the manner of making his defence, including the options of making a sworn or unsworn statement or remaining silent, and his entitlement to call witnesses.
Court Disposition
Accused placed on his defence.
Orders
- The accused is placed on his defence and informed of his options for defence as per the law.
Full Case Text
Judgment text and source record
13 paragraphs
No. 2784
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 31 OF 2009
REPUBLIC.............................................................................................................PROSECUTOR
-VERSUS-
PAUL OLANG OLOO.....................................................................................................ACCUSED
RULING
From the evidence so far adduced by the prosecution, I am satisfied that a prima facie case has been established to warrant the accused being called upon to defend himself of the information. Accordingly I now place the accused on his defence and remind him that he has three options in defending himself. He can choose to make a sworn or unsworn statement of defence. Thirdly, he may elect to keep quite. In the event that he makes a sworn statement he will be liable to cross-examination by the state counsel. That will however, not be the case in the event that he makes unsworn statement or elects to keep quite. In each case though, he is entitled to summon witnesses.
Ruling dated, signedanddelivered at Kisii this 4th day of May, 2011.
ASIKE-MAKHANDIA
JUDGE