Republic v Anthony Barasa Wafula [2022] KEHC 2425 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 17 OF 2017

REPUBLIC.................................................................................PROSECUTOR

-VERSUS-

ANTHONY BARASA WAFULA.....................................................ACCUSED

RULING

1. ANTHONY BARASA WAFULA was charged with murder of MARY NJOKI CHEGE,deceased which allegedly occurred on 22nd February, 2017.  He pleaded not guilty.  Prosecution closed its case after calling nine witnesses.  The closure of the prosecution’s case 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 VS. JOSEPH SHITANDI & ANOTHER (2014) eKLR, the court 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.”

2. This Court finds that the prosecution’s evidence suffices 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 called upon to make his election on how he shall defend himself.

RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022

MARY KASANGO

JUDGE

Coram:

Court Assistant: Mourice

Accused: Anthony Barasa Wafula : - Present

For accused: - Mr. Karanja

For DPP: - Mr. Kasyoka & Mr. Benjamin

COURT

RULINGdelivered virtually.

MARY KASANGO

JUDGE