Republic v Paul Ndungu Wahome [2018] KEHC 8557 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL CASE NO.  4 OF 2016

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

Versus

PAUL NDUNGU WAHOME...........ACCUSED

RULING

1. The accused PAUL NDUNGU WAHOMEwascharged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty.

2. The prosecution has called eight (8) witnesses and concludedsubmitting its evidence and closed its case.  This calls upon this court to consider whether the accused has a case to answer as provided under Section 306 of the Criminal Procedure Code Cap 75. In the case REPUBLIC – V- JOSEPH SHITANDI & ANOTHER [2014]eKLR the prosecution having closed its case the  Judge in considering  whether  the accused had a case to answer stated:

“A case to answer is a case where if the accused keeps quiet, the evidence of the prosecution should be such that a conviction will result.”

At the closeof the prosecution’scase, therefore, the court if it finds that the prosecution’s evidence could not lead to a conviction, then the accused should be acquitted. If however the court finds that the prosecution’s evidence suffices then the accused will be called to defend himself.

3. In this case I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend himself. Accordingly as per Section 306 (2) of Cap 75 the accused is informed that he has a right to address the court, either personally or by his advocate and to give evidence on his own behalf, or to make unsworn statement, and to call witnesses in his defence. The accused is now called upon to make his election on how he shall present his defence.

Dated and Delivered at Nanyuki this 12th February 2018

MARY KASANGO

JUDGE

Coram

Before Justice Mary Kasango

Court Assistant: Njue/Mariastella

Accused:Paul  Ndungu wahome

For accused……………………………….

For state:  ………………………………

Language …………………………………

COURT

Ruling delivered in open court

MARY KASANGO

JUDGE