[2007] KEHC 262 (KLR)
The court found that the prosecution had adduced sufficient evidence which, if unrebutted, would warrant a conviction. Therefore, the accused must be put on his defence in accordance with Section 306(1) of the Criminal Procedure Code. The accused is informed of his rights to address the court, give evidence, and...
Source-derived case information.
- Citation
- [2007] KEHC 262 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Wekesa Wesonga
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2000
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(1) of the Criminal Procedure Code
- Outcome
- Accused put on his defence.
- Legal Topics
- Case to Answer, Criminal Procedure Code Section 306, Defence Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Wekesa Wesonga
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(1) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence which, if unrebutted, would warrant a conviction. Therefore, the accused must be put on his defence in accordance with Section 306(1) of the Criminal Procedure Code. The accused is informed of his rights to address the court, give evidence, and call witnesses, either personally or through his advocate, and may choose to give an unsworn statement if he so wishes.
Court Disposition
Accused put on his defence.
Orders
- Defence hearing scheduled for 12th April 2007 at 9 a.m.
- Assessors entitled to sitting allowance for today except those engaged elsewhere.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT ELDORET
Criminal Case 34 of 2000
REPUBLIC ……………………………………..……….. PROSECUTOR
VERSUS
ROBERT WEKESA WESONGA ………………………….. ACCUSED
R U L I N G
I have considered the evidence of all the prosecution witnesses, the cross-examination and the submissions under the provisions of Section 306 (1) of the Criminal Procedure Code.
I am satisfied that the prosecution have placed before the Court sufficient evidence which compels this Court to place the accused on his Defence.
The Accused has the right to address the Court in his Defence either personally or through his Advocate, he is entitled to give evidence and to call witnesses on his behalf. He can choose to give an unsworn statement if he chooses to do so. The defence hearing will take place on a date to be given now.
O R D E R
Defence hearing will be on 12th April 2007 at 9 a.m. Assessors are entitled to be paid their sitting allowance for today. Since two of them are in another hearing they shall NOT be paid in this matter. Mr. Joseph Maiyo to be paid sitting allowance for today.
DATED AND DELIVERED AT ELDORET ON THIS 8TH MARCH, 2007.
M. K. IBRAHIM
JUDGE