Republic v Baragu & another [2022] KEHC 11814 (KLR)

Republic v Baragu & another (Criminal Case 31 of 2016) [2022] KEHC 11814 (KLR) (17 August 2022) (Ruling)

Neutral citation: [2022] KEHC 11814 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Case 31 of 2016

EM Muriithi, J

August 17, 2022

Between

Republic

Prosecution

and

Patrick Ithalii Baragu

1st Accused

James Muriithi Ntonja (Deceased)

2nd Accused

Ruling

1. The court has considered the evidence of the prosecution adduced by the 5 witnesses who testified, and has formed an opinion in terms of section 306 (2) of the Criminal Procedure Code that the accused persons committed the offence charged.

2. Accordingly, pursuant to section 306 (2) of the Criminal Procedure Code, the court informs the accused that he has a case to answer and that he has a right to lead his defence in the manner set out in the sub-section, in accordance with his constitutional right to challenge and adduce evidence under Article 50 (2) (k) of the Constitution.

3. The defence hearing shall be set on a date to be fixed in consultation with the advocates

4. for the accused and the DPP.

DATED AND DELIVERED THIS 17THDAY OF AUGUST, 2022. EDWARD M. MURIITHIJUDGEAPPEARANCES:Ms. B. Nadwa for Prosecution counsel for DPP.Mr. Ashaba Advocate for Accused.