No.2985 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS HC.CR. CASE NO.102 OF 2008 REPUBLIC........................................................PROSECUTOR VERSUS MUIMI NZALE WAMBUA..................................................1ST ACCUSED STEPHEN NZALE.............................................................2ND ACCUSED RULING I have carefully read and considered the evidence so far adduced by the Prosecution in support of the information preferred against the accused and I am satisfied that a prima facie case has been established to warrant the accused to being on their defence, and I so rule. The accused are informed that there are three ways in which they can defend themselves. They can choose to make a sworn or unsworn statements of defence, or even keep quiet. However, in the event that they elect to make sworn statements of defence, they would be liable to cross-examination by the prosecution. But not so if they elect to make unsworn statement or even keep quiet. All cases, however, they are entitled to call witnesses. I will now invite the accused to inform me the manner in which they propose to defend themselves. Dated, signed and delivered at Machakos this 18th day of November, 2011. ASIKE-MAKHANDIA JUDGE
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