REPUBLIC v ISAAC GIKENYE GABRIEL [2011] KEHC 2318 (KLR)

No. 2814

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CRIMINAL CASE NO. 23 OF 2009

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

-VERSUS-

ISAAC GIKENYE GABRIEL........................................................................................................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 himself. Accordingly, it is my ruling that the prosecution have prima facie established a case against the accused to warrant the accused being placed on his defence 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 he intends to defend himself. He is reminded nonetheless that he can do so by giving a sworn statement, unsworn statement or even keep quite. In the event that he elects to give a sworn statement, he will be liable to cross-examination by the prosecution. However if he chooses to give unsworn statement or keep quiet, he will not open himself up to cross-examination. In all cases though, he is entitled to call witness.

Ruling dated, signed and delivered at Kisii this 24th May, 2011.

ASIKE-MAKHANDIA

JUDGE