REPUBLIC v MUIMI NZALE WAMBUA & STEPHEN NZALE [2011] KEHC 999 (KLR)

No.2985

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

HC.CR. CASE NO.102 OF 2008

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

VERSUS

MUIMI NZALE WAMBUA..................................................1ST ACCUSED

STEPHEN NZALE.............................................................2ND ACCUSED

RULING

I have carefully read and considered the evidence so far adduced by the Prosecution in support of the information preferred against the accused and I am satisfied that a prima facie case has been established to warrant the accused to being on their defence, and I so rule. The accused are informed that there are three ways in which they can defend themselves. They can choose to make a sworn or unsworn statements of defence, or even keep quiet. However, in the event that they elect to make sworn statements of defence, they would be liable to cross-examination by the prosecution. But not so if they elect to make unsworn statement or even keep quiet.

All cases, however, they are entitled to call witnesses. I will now invite the accused to inform me the manner in which they propose to defend themselves.

Dated, signedanddelivered at Machakosthis 18th day of November, 2011.

ASIKE-MAKHANDIA

JUDGE