[2014] KEHC 6936 (KLR)

[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
Criminal Law Criminal Procedure Right of Defence Unsworn Statement Section 306 Criminal Procedure Code

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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

  1. 1 Whether the accused should be put on her defence under section 306(2) of the Criminal Procedure Code.
  2. 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.