REPUBLIC v RICHARD MILIMBWA [2011] KEHC 910 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 94 OF 2009

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

VERSUS

RICHARD MILIMBWA ……………………………………........……. ACCUSED

RULING

After carefully considering the evidence of the 6 prosecution witnesses, I hereby find that the accused has a case to answer in terms of Section 306 of the Criminal Procedure Code. In that regard, the accused has a right to give evidence on his own behalf or to make any unsworn statement, and to call witnesses in his defence. In the event that the accused opts to give an unsworn statement, then he will not be subjected to any cross examination. However, when the accused gives a sworn statement, he will be allowed to call witnesses but will be cross examined. Lastly, in the event that the accused opts to keep quiet, then the advocate for the prosecution may sum up the case against the accused.

MUGA APONDI

JUDGE

Ruling read, signed and delivered in open court in the presence of Gitonga for Omari for accused – Present

Motende for State – Present

MUGA APONDI

JUDGE

3RD NOVEMBER 2011

GITONGA

Accused will give a sworn statement without calling any witnesses. We also pray for a date for the defence case.

COURT

Defence case will be heard on 10th November, 2011. Accused R.I.C.

MUGA APONDI

JUDGE

3RD NOVEMBER 2011