[2017] KEHC 8248 (KLR)
The court found that, after considering the evidence of seven prosecution witnesses, a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was found to have a case to answer and was called upon to make his election as to whether to give evidence, make an...
Source-derived case information.
- Citation
- [2017] KEHC 8248 (KLR)
- Parties
- Applicant: State; Respondent: Nicholas Wanjohi Gakuya
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer; called upon to make his election under Section 306(2) of the Criminal Procedure Code.
- Judges
- MM Kasango
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Applicant
Nicholas Wanjohi Gakuya
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
Ratio Decidendi
The court found that, after considering the evidence of seven prosecution witnesses, a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was found to have a case to answer and was called upon to make his election as to whether to give evidence, make an unsworn statement, or call witnesses in his defence.
Court Disposition
Accused found to have a case to answer; called upon to make his election under Section 306(2) of the Criminal Procedure Code.
Orders
- The accused is found to have a case to answer.
- The accused is called upon to make his election as to whether to address the court, give evidence, make an unsworn statement, or call witnesses.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL CASE NO. 1 OF 2016
STATE.....................................................PROSECUTOR
VERSUS
NICHOLAS WANJOHI GAKUYA.........RESPONDENT
RULING
1. NICHOLAS WANJOHI GAKUYA was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. After pleading not guilty his trial commenced. The prosecution called seven witnesses before closing the case.
2. This court is duty bound as per the provisions of Section 306(2) of the Criminal Procedure Code to determine whether the accused has a case to answer.
3. Having considered the evidence on record I do find that the accused has a case to answer. In that regard the accused is informed that he has the right to address the court, either personally or by his advocate; to give evidence either on his own behalf, or make unsworn statement. Accused is also informed that he has a right to call witnesses. The accused is now called upon to make his election.
DATED AND DELIVERED THIS 25TH DAY OF JANUARY 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue
Accused: Nicholas Wanjohi Gakuya .........................
For Accused:…...............................................................
For the State: …..............................................................
COURT
Ruling delivered in open court.
MARY KASANGO
JUDGE