[2012] KEHC 643 (KLR)
The court found that, notwithstanding the absence of testimony from the Investigating Officer, the evidence presented by the prosecution witnesses was sufficient to establish a prima facie case against the accused. Accordingly, the accused was put to his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2012] KEHC 643 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kinuthia Waweru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 74 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put to his defence.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Case to Answer, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kinuthia Waweru
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 warrant putting him on his defence.
Ratio Decidendi
The court found that, notwithstanding the absence of testimony from the Investigating Officer, the evidence presented by the prosecution witnesses was sufficient to establish a prima facie case against the accused. Accordingly, the accused was put to his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court reminded the accused of his constitutional and statutory rights regarding the manner of his defence, including the right to give evidence on oath, to make an unsworn statement, or to remain silent.
Court Disposition
Accused put to his defence.
Orders
- The accused is put to his defence under Section 306(2) of the Criminal Procedure Code.
- The accused is reminded of his constitutional and statutory rights to give evidence on oath and call witnesses, to give an unsworn statement, or to remain silent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Criminal Case 74 of 2009 [if gte mso 9]><xml>
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REPUBLIC........................................................................................PROSECUTOR
VERSUS
PETER KINUTHIA WAWERU...................................................................ACCUSED
RULING
Though the Investigating Officer did not testify and never attended court in this matter, I am satisfied after perusing the evidence tendered by the prosecution witnesses who have testified, that the prosecution has established a prima facie case against the Accused in this case.
In the circumstances therefore and in accordance with Section 306(2) of the Criminal Procedure Code, (Cap. 75, Laws of Kenya), I put the accused to his defence and remind him of his constitutional and statutory rights -
(a)to give evidence on oath and to call witnesses to testify on his defence. The accused will be liable to cross-examination on his evidence on oath,
(b)to give an unsworn statement and not be liable to cross-examination, or
(c)to remain silent.
The accused will indicate through his Advocate on record, which of these rights he elects to exercise.
It is so ordered.
Dated, signed and delivered at Nakuru this 30th day of November, 2012
M.J. ANYARA EMUKULE
JUDGE