[2016] KEHC 8352 (KLR)
The court found that the prosecution had called nine witnesses and, upon reviewing the evidence, determined that a prima facie case had been established against the accused. The court considered the accused's constitutional and procedural rights, including the right to remain silent and the right to be informed of...
Source-derived case information.
- Citation
- [2016] KEHC 8352 (KLR)
- Parties
- Respondent: Republic; Defendant: Rodgers Kutosi alias Paul Kutosi Rodgers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused to be placed on his defence.
- Judges
- J Wakiaga
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Right to Silence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Rodgers Kutosi alias Paul Kutosi Rodgers
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
- 2 Whether the accused's rights under the Criminal Procedure Code and the Constitution have been observed.
Ratio Decidendi
The court found that the prosecution had called nine witnesses and, upon reviewing the evidence, determined that a prima facie case had been established against the accused. The court considered the accused's constitutional and procedural rights, including the right to remain silent and the right to be informed of his options at this stage. As a result, the court ruled that the accused should be placed on his defence and informed him of his rights under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be placed on his defence.
Orders
- The accused is placed on his defence under Section 306(2) of the Criminal Procedure Code.
- The accused is informed of his right to choose how to defend himself through counsel.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
HIGH COURT CRIMINAL CASE NO 50 OF 2014
REPUBLIC …………………………………………………………..…PROSECUTOR
VERSUS
RODGERS KUTOSI alias PAUL KUTOSI RODGERS ……..…....….……..…..ACCUSED
RULING
1. The accused RODGERS KUTOSI alias PAUL KUTOSI RODGERS is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on the 5th day of June, 2014 at Gachoka village Kiganjo location of Gatundu South Sub County within Kiambu County unlawfully murdered Lydia Mukimba.
2. He pleaded not guilty and to prove its case against him the State called a total of nine witnesses and at the close of the prosecution case the defence opted not to make any submission on whether the prosecution had made up a case to enable the court place the accused on his defence and the prosecution too left it to the court to decide based on the evidence on record.
3. At this stage the court is called upon to decide whether a case has been made out by the prosecution to justify putting the Accused person on his defence as was stated in REPUBLIC v JAGJIVAN M. PATEL & Others and in RAMANLAL TRAMBAKLAL BHATH v REPUBLIC [1957] EA 332.
4. From the evidence on record and taking note of the accused rights under the Criminal Procedure Code and the Constitution which include a right not to offer any explanation, I am satisfied that the prosecution has made up a prima facie case to enable the accused be placed on his defence which I hereby do. The accused is therefore informed of his right under Section 306(2) of the Criminal Procedure Code and shall therefore choose how he intends to defend himself through the advice of his counsel.
DATED, SIGNED and DELIVERED at Nairobi
this 9th day of November, 2016.
……………………………
J. WAKIAGA
JUDGE
In the presence of:-
Miss Mwaniki for the State
Mr. Ndungu for Miss Ekiri for the Accused
Accused present
Court clerk – Tabitha