REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL CASE NO. 18 OF 2016 REPUBLIC …………….…….…………….……………….. PROSECUTOR -VersusLOKULA ACHUKA ALIAS HASSAN ………………………….. ACCUSED RULING 1. The accused LOKULA ACHUKA alias HASSAN is charged with offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty to that charge. The prosecution called total of nine witnesses before closing its case. 2. This court is obligated under Section 306 of the Criminal Procedure Code Cap 75 to consider whether the accused has a case to answer. 3. I have reconsidered the evidence tendered by the prosecution and I am satisfied that that evidence is sufficient for the accused to be called upon to defend himself. Accordingly as per Section 306 (2) of Cap 75 the accused is called upon to elect how he shall present his defence. In that regard he is informed that he has the right to address the court, either personally or by advocate and given evidence on his own behalf, or to make unsworn statement and to call witnesses in his defence. Dated and Delivered at Nanyuki this 25th January, 2017 MARY KASANGO JUDGE Coram Before Justice Mary Kasango Court Assistant: Njue Accused: LOKULA ACHUKA ALIAS HASSAN For state: ………………………… COURT Ruling delivered in open court MARY KASANGO JUDGE
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