Automated Summary
Key Facts
The accused, Charles Mwangi Kariuki, was charged with murder under Sections 203 and 204 of the Penal Code for the death of Everlyne Nditi Muyu, which occurred on the night of 8th and 9th April 2005 at Congo Village in Kasarani Division, Nairobi Province. The prosecution presented eight witnesses and established a facie case against the accused, requiring him to defend himself according to Section 306(2) of the Criminal Procedure Code.
Issues
The court determined that the prosecution successfully established a facie case against Charles Mwangi Kariuki for the murder charge under Sections 203 and 204 of the Penal Code. This finding compelled the accused to present a defense, either through a sworn statement with cross-examination, an unsworn statement without cross-examination, or by forgoing evidence entirely.
Holdings
- The court found that the prosecution has established a facie case against the accused, requiring him to be put on his defence under Section 306 (2) of the Criminal Procedure Code. The accused may choose to address the court personally or through his advocate, and if he provides a sworn statement, he will be subject to cross-examination. He also has the right to call witnesses in his defence.
- The accused has the right to make an unsworn statement and call witnesses to his defence without being subjected to cross-examination.
- The accused may choose not to offer any evidence, in which case the court will sum up the case against him and he can address the court personally or by his advocate on his own behalf.
Legal Principles
The prosecution established a facie case against the accused under Section 306 (2) of the Criminal Procedure Code, requiring the accused to present a defense either personally or through an advocate. The court outlined procedural options for the accused, including the right to call witnesses and choose between sworn/unsworn statements.
Cited Statute
Penal Code
Judge Name
Muga Apondi
Passage Text
- Thirdly, the accused is at liberty not to offer any evidence. In that event, the Court will call upon the State Counsel 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.
- I hereby find that the prosecution has established a 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.