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(2018) JELR 102802 (CA)

Court of Appeal  •  Criminal Appeal 33 of 2017  •  28 Feb 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. The appeal before us relates to the decision of the High Court dated 23rd June, 2017 wherein the learned Judge (Chitembwe, J.) interfered with the trial court’s finding that David Mwangi Muiruri (the appellant) had no case to answer in respect of the nine counts which were preferred against him.

2. It is trite that upon the prosecution closing its case the trial court exercises either of the two options prescribed under Section 210 and 211 of the Criminal Procedure Code in respect of the subordinate court and Section 306 (1) and (2) of the Criminal Procedure Code, in respect of the High court. The contents of the two are basically the same with Section 306 Ciminal Procedure Code providing as follows:


1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence shall, after hearing, if necessary, any arguments which the adv…

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