Republic v John Muriithi Kihato

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NANYUKI CRIMINAL CASE NO. 22 OF 2016 REPUBLIC …………...............................PROSECUTOR Versus JOHN MURIITHI KIHATO………………….ACCUSED RULING 1. The accused JOHN MURIITHI KIHATO was charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty. 2. The prosecution has called eight (8) witnesses and concluded submitting its evidence and closed its case. This calls upon this court to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap 75. In the case REPUBLIC – V- JOSEPH SHITANDI & ANOTHER [2014] eKLR the prosecution having closed its case the Judge in considering whether the accused had a case to answer stated: “A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.” At the close of the prosecution’s case, therefore, the court if it finds that the prosecution’s evidence could not lead to a conviction, then the accused should be acquitted. If however the court finds that the prosecution’s evidence suffices then the accused will be called to defend himself. 3. In this case I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend himself. Accordingly as per Section 306 (2) of Cap 75 the accused is informed that he has a right to address the court, either personally or by his advocate and to give evidence on his own behalf, or to make unsworn statement, and to call witnesses in his defence. The accused is now called upon to make his election on how he shall present his defence. Dated and Delivered at Nanyuki this 28th February 2018 MARY KASANGO JUDGE Coram Before Justice Mary Kasango

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