Case ID:178283

Republic v Josephine Njeri Kuria [2021] eKLR

Case Metadata

Case Number:

Criminal Case 5 of 2017

Parties:

Republic v Josephine Njeri Kuria

Date Delivered:

06 Jul 2021

Case Class:

Criminal

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Republic v Josephine Njeri Kuria [2021] eKLR

Advocates:

For accused: Mr. Njehu

For DPP: Ms. Kathambi

Court Division:

Criminal

County:

Kiambu

Advocates:

For accused: Mr. Njehu

For DPP: Ms. Kathambi

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 5 OF 2017

BETWEEN

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

VERSUS

JOSEPHINE NJERI KURIA...............................................................ACCUSED

RULING

1. JOSEPHINE NJERI KURIA

is charged in this case with the offence of murder. The prosecution called a total of seven witnesses before closing its case. This Court is required, at this stage to consider whether the accused has a case to answer as provided under

Section 306

of the

Criminal Procedure Code Cap. 75.

2. In the case

REPUBLIC VS. JOSEPH SHITANDI & ANOTHER (2014) eKLR,

it termed a case to answer as:-

“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.”

3. In this case, I am satisfied that the evidence of the prosecution does suffice for the accused to be called upon to defend herself. Accordingly, as per

Section 306(2) of Cap 75

the accused is informed that she has a right to address the court, either personally or by her advocate and to give evidence on her own behalf or to make unsworn statement and call witnesses in her defence.

4. The accused is now called upon to make her election on how she shall present her defence.

RULING DATED AND DELIVERED AT KIAMBU THIS 6

TH

DAY OF JULY, 2021

MARY KASANGO

JUDGE

Coram:

Court Assistant: Ndege

Accused: Absent

For accused: Mr. Njehu

For DPP: Ms. Kathambi

COURT

RULING delivered virtually.

MARY KASANGO

JUDGE