[2011] KEHC 2210 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the three accused persons. Consequently, the accused are required to be put on their defence in accordance with the law. The court explained the options available to the accused, including making sworn or...
Source-derived case information.
- Citation
- [2011] KEHC 2210 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Ondieki Ongoto; Defendant: Richard Asiri Moremo; Defendant: Joseph Ongoto Ongoto
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- The accused persons are found to have a case to answer and are put on their defence.
- Legal Topics
- Prima Facie Case, Defence Rights, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Ondieki Ongoto
Defendant
Richard Asiri Moremo
Defendant
Joseph Ongoto Ongoto
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to be put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the three accused persons. Consequently, the accused are required to be put on their defence in accordance with the law. The court explained the options available to the accused, including making sworn or unsworn statements or remaining silent, and clarified the implications of each choice regarding cross-examination and the right to call witnesses.
Court Disposition
The accused persons are found to have a case to answer and are put on their defence.
Orders
- The three accused persons are to be put on their defence.
Full Case Text
Judgment text and source record
15 paragraphs
No. 2793
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 28 OF 2008
REPUBLIC................................................................................................. PROSECUTOR
-VERSUS-
STEPHEN ONDIEKI ONGOTO....................................................................1ST ACCUSED
RICHARD ASIRI MOREMO.......................................................................2ND ACCUSED
JOSEPH ONGOTO ONGOTO...................................................................3RD ACCUSED
RULING
Having perused and considered the evidence so far adduced by the prosecution albeit carefully, I am satisfied that the prosecution has made out a prima facie case to warrant the three accused persons being put on their defence and I so order. They can choose to defend themselves by either making sworn or unsworn statements or even keep quite. In the event that they choose to give sworn statements of defence, they will be subjected to cross-examination by the prosecution in the event that he chooses to. However, that will not be the case in the event that they choose to keep quiet. In all the cases however, they are entitled to call witnesses.
Ruling dated, signed and deliveredat Kisii this 4th day of May, 2011.
ASIKE-MAKHANDIA
JUDGE