[2019] KEHC 1141 (KLR)
The court found that the evidence presented by the nine prosecution witnesses was sufficient to establish a prima facie case against the accused. In accordance with section 306(2) of the Criminal Procedure Code, the court ruled that the accused must be called upon to make his defence, as there was enough evidence to...
Source-derived case information.
- Citation
- [2019] KEHC 1141 (KLR)
- Parties
- Respondent: Republic; Appellant: Simon Evans Kandie
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 50 of 2017
- Procedural Posture
- Criminal Appeal / Ruling on Case to Answer
- Outcome
- Case to answer found; accused to be put on his defence.
- Judges
- EM Muriithi
- Legal Topics
- Case to Answer, Criminal Procedure Code, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Simon Evans Kandie
Appellant
Procedural Posture
Criminal Appeal / Ruling on Case to Answer
Legal Issues
- 1 Whether there is sufficient evidence to require the accused to make a defence under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the evidence presented by the nine prosecution witnesses was sufficient to establish a prima facie case against the accused. In accordance with section 306(2) of the Criminal Procedure Code, the court ruled that the accused must be called upon to make his defence, as there was enough evidence to require an answer to the charge. The court emphasized its duty to acquit if no evidence is presented, but in this instance, the threshold for a case to answer was met.
Court Disposition
Case to answer found; accused to be put on his defence.
Orders
- The accused shall be informed of his right under section 306(2) of the Criminal Procedure Code.
- The case is set for defence hearing.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
CRIMINAL APPEAL NO. 50 OF 2017
REPUBLIC.......................PROSECUTOR
=VERSUS=
SIMON EVANS KANDIE........ACCUSED
RULING
1. Pursuant to section 306 of the Criminal Procedure Code, I have considered the evidence presented to Court by the 9 prosecution witnesses. The advocates for the defence and prosecution did not wish to make any arguments on case to answer.
2. The Court is mindful of its duty under section 306 (1) of the Criminal Procedure Code as held by Murimi v. R (1967) EA 542, to acquit an accused if there is no evidence that the accused committed the offence.
3. In this case, however, the Court considers, in accordance with section 306 (2) of the Criminal Procedure Code, that there is evidence that the accused committed the offence sufficient to call on the accused to make his defence.
4. The accused shall be informed of his right under section 306 (2) of the Criminal Procedure Code, and the case, shall consequently, be set for defence hearing.
Order accordingly.
DATED AND DELIVERED THIS 19TH DAY OF DECEMBER 2019.
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Macharia, Ass. DPP for the Respondent.