No. 2808 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO. 68 OF 2009 REPUBLIC …………………………………………… PROSECUTOR -VERSUSGERALD OMARE ………….……….…………………..1st ACCUSED ROBERT MIYIENDA OMBONGI …………………..…2nd ACCUSED NICODEMUS ARASA NYAKOIRO..…………………..3rd ACCUSED RULING I have carefully read and considered the evidence so far adduced by the prosecution and I am satisfied that it is sufficient to call upon the accused to defend themselves. Accordingly, it is my ruling that the prosecution have prima facie, established a case against each accused to warrant them being placed on their defences and I so rule. Pursuant to section 306 (2) of the Criminal Procedure Code, I will now invite the accused to indicate to me how they intend to defend themselves. They are reminded nonetheless that they can do so by giving a sworn statement, unsworn statement or even elect to keep quite. In the event that they elect to give sworn statements, they will be liable to cross-examination by the prosecution. However if they choose to give unsworn statements or to keep quiet, they will not open themselves up to cross-examination. In all cases though, they are entitled to call witness. Ruling dated, signed and delivered at Kisii this 30th day of May, 2011. ASIKE-MAKHANDIA JUDGE
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