REPUBLIC v ISAAC NGIGE KAMAU [2011] KEHC 2378 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL CASE NO. 106 OF 2007

REPUBLIC……………………………..……………………………………………PROSECUTOR

VERSUS

ISAAC NGIGE KAMAU………………………..…………….………………………ACCUSED

RULING

I have now had opportunity to peruse the prosecution evidence on record in this matter, and concluded that the prosecution has established a prima facie case which has persuaded me to put the accused on his defence.

In accordance with the provisions of Section 306(2) of the Criminal Procedure Code,(Cap. 75, Laws of Kenya), the accused is reminded of his statutory right to give evidence on oath and to call witnesses to testify on his behalf, and thereby be subjected to cross-examination, or to give an unsworn statement and be not subjected to cross-examination or to remain silent.

The accused is called upon through his Advocate on record to elect which of these rights he chooses to exercise for purposes of record and further proceedings in this matter.

It is so ordered.

Dated, signed and delivered at Nakuru this 20th day of May 2011

M. J. ANYARA EMUKULE

JUDGE