REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA CRIMINAL CASES NO.65 OF 2015 REPUBLIC………………………….. STATE -VERSUSJANET KERUBO NYAKUNDI ….ACCUSED RULING ON NO CASE TO ANSWER I have read the proceedings and the evidence of the six (6) witnesses who testified in this case. A four year old child, then schooling at [Particulars Withheld] Academy, in Nyamira County went missing on 3rd April 2012 . Frantic efforts to locate the child by the mother and others was fruitless. He was called E O N. It then transpired that one Janet Kerubo Nyakundi had abducted the child from school, put him on the boda boda and conveyed him to another [particulars withheld] in tea plantation and strangled him and hid the body. She, Janet Kerubo Nyakundi, admitted to that crime. She was a mistress to the father of E O N, J N M. Upon being jilted she vowed to avenge. P.W2, the mother, B N N and P.W.4, P.W.5 and P.W.6, the investigating officer, their testimonies point to Janet Kerubo Nyakundi. I have carefully analyzed, evaluated and considered the entire evidence by the above mentioned witnesses, I am satisfied that the prosecution has made out sufficient case to warrant the accused person to be placed on her defence. Accordingly, therefore, I hereby place the accused person, Janet Kerubo Nyakundi on her own defence and call upon her to state her case as provided under the Provisions Section 211 of the Criminal Procedure Code. It is so ordered. Dated and delivered at Nyamira this 24th day of November 2015. C.B.NAGILLAH JUDGE In the presence of Nyasimi (absent) for the accused person Malesi for the State Mercy Court Clerk
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