Republic v Rodgers Kutosi [2016] KEHC 8352 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

HIGH COURT CRIMINAL CASE NO 50 OF 2014

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

VERSUS

RODGERS KUTOSI alias PAUL KUTOSI RODGERS ……..…....….……..…..ACCUSED

RULING

1. The accused RODGERS KUTOSI alias PAUL KUTOSI RODGERS is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code the particulars of which were that on the 5th day of June, 2014 at Gachoka village Kiganjo location of Gatundu South Sub County within Kiambu County unlawfully murdered Lydia Mukimba.

2. He pleaded not guilty and to prove its case against him the State called a total of nine witnesses and at the close of the prosecution case the defence opted not to make any submission on whether the prosecution had made up a case to enable the court place the accused on his defence and the prosecution too left it to the court to decide based on the evidence on record.

3. At this stage the court is called upon to decide whether a case has been made out by the prosecution to justify putting the Accused person on his defence as was stated in REPUBLIC v JAGJIVAN M. PATEL & Others and in RAMANLAL TRAMBAKLAL BHATH v REPUBLIC [1957] EA 332.

4. From the evidence on record and taking note of the accused rights under the Criminal Procedure Code and the Constitution which include a right not to offer any explanation,  I am satisfied that the prosecution has made up a prima facie case to enable the accused be placed on his defence which I hereby do.   The accused is therefore informed of his right under Section 306(2) of the Criminal Procedure Code and shall therefore choose how he intends to defend himself through the advice of his counsel.

DATED, SIGNED and DELIVERED at Nairobi

this 9th day of November, 2016.

……………………………

J. WAKIAGA

JUDGE

In the presence of:-

Miss Mwaniki for the State

Mr. Ndungu for Miss Ekiri for the Accused

Accused present

Court clerk – Tabitha