[2012] KEHC 645 (KLR)
The court found that the prosecution had established a prima facie case against the accused as required by Section 306(2) of the Criminal Procedure Code. This means that the evidence presented by the prosecution, if believed, would be sufficient to support a conviction unless rebutted. Consequently, the accused is...
Source-derived case information.
- Citation
- [2012] KEHC 645 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Kabue Gathuri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2010
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Criminal Procedure, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Kabue Gathuri
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 under Section 306(2) of the Criminal Procedure Code.
- 2 What rights does the accused have at the close of the prosecution case before entering his defence.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused as required by Section 306(2) of the Criminal Procedure Code. This means that the evidence presented by the prosecution, if believed, would be sufficient to support a conviction unless rebutted. Consequently, the accused is required to be put on his defence. The court also reminded the accused of his constitutional and statutory rights regarding the manner in which he may present his defence, including the right to give evidence on oath and be cross-examined, to make an unsworn statement without cross-examination, or to remain silent. The accused will indicate his choice at the defence hearing.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is put on his defence and reminded of his rights to give evidence on oath, make an unsworn statement, or remain silent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
Criminal Case 25 of 2010 [if gte mso 9]><xml>
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REPUBLIC......................................................................................PROSECUTOR
VERSUS
RICHARD KABUE GATHURI.................................................................ACCUSED
RULING
I have now had the benefit of perusing the court record, comprising the evidence of the prosecution witnesses and the exhibits produced as part of this evidence.I am satisfied that the prosecution has established a prima facie case in terms of Section 306(2) of the Criminal Procedure Code, (Cap. 75, Laws of Kenya).I accordingly remind the accused of his constitutional and statutory rights -
(a) to give evidence on oath and be subjected to cross-examination and to call witnesses,
(b) to give an unsworn statement and not be subjected to cross- examination,
(c) to remain silent.
The accused will express which of these rights he will exercise at time of the defence hearing.
It is so ordered.
Dated, signed and delivered at Nakuru this 23rd day of November, 2012
M.J. ANYARA EMUKULE
JUDGE