Republic v Joseph Kigundu Kimani [2017] KEHC 420 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL CASE NO. 35 OF 2016

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

VERSUS

JOSEPH KIGUNDU KIMANI.............ACCUSED

RULING

1.  The accused JOSEPH KIGUNDU KIMANI is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.  He pleaded not guilty and the prosecution called a total of 8 witnesses.  The prosecution proceeded to close its case.

2.  I have considered the evidence adduced in this matter and I am satisfied that the accused has a case to answer.  I do therefore call upon the accused to defend himself.  In defending himself he is informed that he has right to address the court either personally or his advocate and to give evidence on his behalf or make an unsworn statement.  The accused is also informed that he has right to call witnesses.  The accused is now called upon to make an election as per Section 306(2) of the criminal procedure code.

DATED and DELIVERED at NANYUKI this 4TH day of OCTOBER 2017.

MARY KASANGO

JUDGE

CORAM

Before Justice Mary Kasango

Court Assistant: Njue/Mariastella

Accused:  Joseph Kigundu Kimani ………………

For accused: …………………………………………

For the State: …..................................................

COURT

Ruling delivered in open court.

MARY KASANGO

JUDGE