REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO. 5 OF 2017 BETWEEN REPUBLIC....................................................................................PROSECUTOR VERSUS JOSEPHINE NJERI KURIA...............................................................ACCUSED RULING 1. JOSEPHINE NJERI KURIA is charged in this case with the offence of murder. The prosecution called a total of seven witnesses before closing its case. This Court is required, at this stage to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap. 75. 2. In the case REPUBLIC VS. JOSEPH SHITANDI & ANOTHER (2014) eKLR, it termed a case to answer as:- “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.” 3. In this case, I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend herself. Accordingly, as per Section 306(2) of Cap 75 the accused is informed that she has a right to address the court, either personally or by her advocate and to give evidence on her own behalf or to make unsworn statement and call witnesses in her defence. 4. The accused is now called upon to make her election on how she shall present her defence. RULING DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF JULY, 2021 MARY KASANGO JUDGE Coram: Court Assistant: Ndege Accused: Absent For accused: Mr. Njehu For DPP: Ms. Kathambi COURT RULING delivered virtually. MARY KASANGO
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JUDGE
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