[2012] KEHC 4483 (KLR)
The court found that the evidence adduced by the eleven prosecution witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was put to his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court reminded the accused of his constitutional and...
Source-derived case information.
- Citation
- [2012] KEHC 4483 (KLR)
- Parties
- Applicant: Republic; Defendant: Thomas Kipkemoi Korir
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 102 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence.
- Judges
- MJA Emukule
- Legal Topics
- Prima Facie Case, Case to Answer, Rights of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Thomas Kipkemoi Korir
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
Ratio Decidendi
The court found that the evidence adduced by the eleven prosecution witnesses was sufficient to establish a prima facie case against the accused. Consequently, the accused was put to his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court reminded the accused of his constitutional and statutory rights regarding the manner of his defence, including the right to give evidence on oath, make an unsworn statement, or remain silent.
Court Disposition
Accused put on his defence.
Orders
- The accused is put to his defence in terms of Section 306(2) of the Criminal Procedure Code.
- The accused is reminded of his constitutional and statutory rights regarding the manner of his defence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAKURU
Criminal Case 102 of 2009
REPUBLIC………………………………………………..PROSECUTOR
VERSUS
THOMAS KIPKEMOI KORIR……………....…………………ACCUSED
RULING
Having the evidence of the eleven (11) prosecution witness I have formed the opinion that the prosecution has established a prima facie case against the accused. I therefore put the accused to his defence in terms of Section 306(2) of the Criminal Procedure Code (Cap. 75, Laws of Kenya).
I remind the accused of his constitutional and statutory rights -
(1)to give evidence on oath, and be subject to cross-examination, and to call witnesses,
(2) to give an unsworn statement, and be not subject to cross-examination,
(3) to remain silent.
The accused is invited now, and at the commencement of the defence evidence to indicate which of these options he will elect to adopt, or whether, he would make a confession directly to the court.
Dated, delivered and signed at Nakuru this 18th day of May, 2012
M. J. ANYARA EMUKULE
JUDGE