[2007] KEHC 2713 (KLR)
The court found that the prosecution, having called 38 witnesses, established a prima facie case against the accused, Thomas Patrick Gilbert Cholmondeley, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2007] KEHC 2713 (KLR)
- Parties
- Applicant: Republic; Respondent: Thomas Patrick Gilbert Cholmondeley
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution's Case
- Outcome
- Prosecution has established a prima facie case; accused to be put on his defence.
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Thomas Patrick Gilbert Cholmondeley
Respondent
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether the evidence presented by the prosecution is sufficient to warrant the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 38 witnesses, established a prima facie case against the accused, Thomas Patrick Gilbert Cholmondeley, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court outlined the accused's rights regarding the manner of his defence, including the options to give a sworn or unsworn statement, call witnesses, or remain silent. The ruling did not determine guilt but required the accused to respond to the prosecution's case.
Court Disposition
Prosecution has established a prima facie case; accused to be put on his defence.
Orders
- The accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Criminal Case 55 of 2006
REPUBLIC…………………………..................................….APPLICANT
-VS-
THOMAS PATRICK GILBERT CHOLMONDELEY.........…RESPONDENT
R U L I N G
The accused has been charged for the offence of murder, contrary to Section 203 as read with Section 204 of the Penal Code, Cap.63, Laws of Kenya. The particulars of the offence as stated in the information are as follows:
“On the 10th May, 2006 at Soysambu Farmof the Delamere Estate within NakuruDistrict of Rift Valley Province, murderedROBERT NJOYA MBUGUA.”
The accused was arraigned in court on 24th May, 2006. Consequently, the Director of Public Prosecutions viz, Mr. Keriako Tobiko made the opening remarks on 25th September, 2006 before the trial commenced in earnest.
During the trial, the prosecution called a total 38 witnesses. After carefully considering the evidence of all those witnesses, I hereby find that the prosecution has established a prima facie case against the accused to require him to be put on his defence in accordance to Section 306 (2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The accused has the option to address the court either personally or by his advocate. In the event that the accused opts to give a sworn statement, then he will be subjected to cross-examination. He also has a right to call any number of witnesses in his defence.
Secondly, the accused has a right to make an unsworn statement and call witnesses to his defence. In the event that the accused exercises the second option, then he will not be subjected to any cross-examination.
Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the Director of Public Prosecutions to sum up the case against the accused person. Consequently, the court shall then call on the accused person personally or by his advocate to address the court on his own behalf.
MUGA APONDI,
JUDGE.
25TH JULY, 2007
Ruling read signed and delivered in open Court in the presence of the accused and
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………………………………………………………. for Repubic
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………………………………………………………. for Accused
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MUGA APONDI,
JUDGE.
Dated: 25th July, 2007.