[2014] KEHC 6936 (KLR)
The court, having considered the stage of proceedings and in compliance with section 306(2) of the Criminal Procedure Code, informed the accused of her right to address the court, give evidence on her own behalf, make an unsworn statement, and call witnesses in her defence. The accused, through her advocate, elected...
Source-derived case information.
- Citation
- [2014] KEHC 6936 (KLR)
- Parties
- Respondent: Republic; Defendant: Saumu Rumba
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 72 of 2012
- Procedural Posture
- Criminal Case / Close of Prosecution Case; Ruling Under Section 306(2) Criminal Procedure Code
- Outcome
- Defence hearing scheduled; accused to give unsworn statement.
- Judges
- GO Shikwe
- Legal Topics
- Criminal Procedure, Right of Defence, Unsworn Statement, Section 306 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Saumu Rumba
Defendant
Procedural Posture
Criminal Case / Close of Prosecution Case; Ruling Under Section 306(2) Criminal Procedure Code
Legal Issues
- 1 Whether the accused should be put on her defence under section 306(2) of the Criminal Procedure Code.
- 2 Whether the accused is informed of her rights to address the court, give evidence, make an unsworn statement, and call witnesses.
Ratio Decidendi
The court, having considered the stage of proceedings and in compliance with section 306(2) of the Criminal Procedure Code, informed the accused of her right to address the court, give evidence on her own behalf, make an unsworn statement, and call witnesses in her defence. The accused, through her advocate, elected to give an unsworn statement. The matter was then set down for defence hearing, ensuring the accused's procedural rights were observed.
Court Disposition
Defence hearing scheduled; accused to give unsworn statement.
Orders
- Accused informed of her rights under section 306(2) of the Criminal Procedure Code.
- Defence hearing fixed for 10th April, 2014.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 72 OF 2012
REPUBLIC.....…....................................................….. PROSECUTOR
VERSUS
SAUMU RUMBA .……..................................................…ACCUSED
RULING
In accordance with section 306(2) of the Criminal Procedure Code, the Accused is informed of her right to address the Court, either personally or by her advocate (if any), to give evidence on her own behalf, or to make an unsworn statement and to call Witnesses in her defence and in all cases to state whether she intends to call Witnesses.
Ruling delivered dated and signed this 20th day of February, 2014.
…...................
M. MUYA
JUDGE
20TH FEBRUARY, 2014
In the presence of:-
Learned Counsel for the State Miss Mwaura
Learned Counsel for the Accused Mr. Mburu
M. MUYA
JUDGE
Mr. Mburu: She will give unsworn statement.
Court: Defence hearing on 10th April, 2014
….................
M. MUYA
JUDGE
20TH FEBRUARY, 2014