REPUBLIC v GERALD OMARE,ROBERT MIYIENDA OMBONGI & NICODEMUS ARASA NYAKOIRO [2011] KEHC 2020 (KLR)

No. 2808

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CRIMINAL CASE NO. 68 OF 2009

REPUBLIC …………………………………………… PROSECUTOR

-VERSUS-

GERALD OMARE ………….……….…………………..1st ACCUSED

ROBERT MIYIENDA OMBONGI …………………..…2nd ACCUSED

NICODEMUS ARASA NYAKOIRO..…………………..3rd ACCUSED

RULING

I have carefully read and considered the evidence so far adduced by the prosecution and I am satisfied that it is sufficient to call upon the accused to defend themselves. Accordingly, it is my ruling that the prosecution have prima facie, established a case against each accused to warrant them being placed on their defences and I so rule. Pursuant to section 306 (2) of the Criminal Procedure Code, I will now invite the accused to indicate to me how they intend to defend themselves. They are reminded nonetheless that they can do so by giving a sworn statement, unsworn statement or even elect to keep quite. In the event that they elect to give sworn statements, they will be liable to cross-examination by the prosecution. However if they choose to give unsworn statements or to keep quiet, they will not open themselves up to cross-examination. In all cases though, they are entitled to call witness.

Ruling dated, signed and delivered at Kisii this 30th day of May, 2011.

ASIKE-MAKHANDIA

JUDGE