[2011] KEHC 910 (KLR)
The court found that the evidence adduced by the six prosecution witnesses established a prima facie case against the accused, Richard Milimbwa, sufficient to require him to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The accused was informed of his rights to give evidence on...
Source-derived case information.
- Citation
- [2011] KEHC 910 (KLR)
- Parties
- Respondent: Republic; Defendant: Richard Milimbwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Evidence
- Outcome
- Accused found to have a case to answer; defence hearing scheduled.
- Judges
- A. Ong’injo
- Legal Topics
- Case to Answer, Criminal Procedure Code, Defence Rights
- 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
Respondent
Richard Milimbwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
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 evidence adduced by the six prosecution witnesses established a prima facie case against the accused, Richard Milimbwa, sufficient to require him to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The accused was informed of his rights to give evidence on oath, make an unsworn statement, call witnesses, or remain silent, and the consequences of each option were explained. The court thus ruled that the accused has a case to answer and set a date for the defence hearing.
Court Disposition
Accused found to have a case to answer; defence hearing scheduled.
Orders
- Accused to give a sworn statement without calling any witnesses.
- Defence case to be heard on 10th November, 2011.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO. 94 OF 2009
REPUBLIC ………………………………………..…………… PROSECUTOR
VERSUS
RICHARD MILIMBWA ……………………………………........……. ACCUSED
RULING
After carefully considering the evidence of the 6 prosecution witnesses, I hereby find that the accused has a case to answer in terms of Section 306 of the Criminal Procedure Code. In that regard, the accused has a right to give evidence on his own behalf or to make any unsworn statement, and to call witnesses in his defence. In the event that the accused opts to give an unsworn statement, then he will not be subjected to any cross examination. However, when the accused gives a sworn statement, he will be allowed to call witnesses but will be cross examined. Lastly, in the event that the accused opts to keep quiet, then the advocate for the prosecution may sum up the case against the accused.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of Gitonga for Omari for accused – Present
Motende for State – Present
MUGA APONDI
JUDGE
3RD NOVEMBER 2011
GITONGA
Accused will give a sworn statement without calling any witnesses. We also pray for a date for the defence case.
COURT
Defence case will be heard on 10th November, 2011. Accused R.I.C.
MUGA APONDI
JUDGE
3RD NOVEMBER 2011