[2011] KEHC 2373 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused as required under Section 306(1) of the Criminal Procedure Code. Consequently, the accused was called upon to make his election as to how he wished to conduct his defence, including the right to...
Source-derived case information.
- Citation
- [2011] KEHC 2373 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Njogu Njoroge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(1) of the Criminal Procedure Code
- Outcome
- Accused put on 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
Samuel Njogu Njoroge
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 putting him on his defence under Section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused as required under Section 306(1) of the Criminal Procedure Code. Consequently, the accused was called upon to make his election as to how he wished to conduct his defence, including the right to give evidence on oath, make an unsworn statement, call witnesses, or remain silent. The court was satisfied that the threshold for putting the accused on his defence had been met.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence and invited to elect how he wishes to proceed in accordance with his constitutional and statutory rights.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 13 OF 2009
REPUBLIC……………………………………………………………………………..PROSECUTOR
VERSUS
SAMUEL NJOGU NJOROGE……………………………………...……………………….ACCUSED
RULING
I have had an opportunity to consider the prosecution evidence and the circumstances of the commission of the offence herein.
Although Mr. Cheche learned counsel for the accused urged strongly that there was no evidence upon which to put the accused on his defence, I am satisfied that the prosecution has made a prima facie case in terms of Section 306(1) of the Criminal Procedure Code(Cap. 75, Laws of Kenya).
The accused is therefore reminded of his constitutional and statutory rights to defend himself by either giving evidence on oath and be subjected to cross-examination, or to give an unsworn statement and thereby be not subjected to cross-examination, and to call witnesses to testify on his behalf, or simply to remain silent.
The accused is invited for purposes of record to elect which of these rights he wishes to exercise.
It is so ordered.
Dated, signed and delivered at Nakuru this 3rd day of June 2011.
M. J. ANYARA EMUKULE
JUDGE