REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAMIRA

CRIMINAL CASES NO.65 OF 2015

REPUBLIC………………………….. STATE

-VERSUS-

JANET KERUBO NYAKUNDI ….ACCUSED

RULING ON NO CASE TO ANSWER

I have read the proceedings and the evidence of the six (6) witnesses who testified in this case.

A four year old child, then schooling at [Particulars Withheld] Academy, in Nyamira County went missing on 3^rd April 2012 . Frantic efforts to locate the child by the mother and others was fruitless. He was called E O N. It then transpired that one Janet Kerubo Nyakundi had abducted the child from school, put him on the boda boda and conveyed him to another [particulars withheld] in tea plantation and strangled him and hid the body.

She, Janet Kerubo Nyakundi, admitted to that crime. She was a mistress to the father of E O N, J N M. Upon being jilted she vowed to avenge.

P.W2, the mother, B  N N and P.W.4, P.W.5 and P.W.6, the investigating officer, their testimonies point to Janet Kerubo Nyakundi.

I have carefully analyzed, evaluated and considered the entire evidence by the above mentioned witnesses, I am satisfied that the prosecution has made out sufficient case to warrant the accused person to be placed on her defence.

Accordingly, therefore, I hereby place the accused person, Janet Kerubo Nyakundi on her own defence and call upon her to state her case as provided under the Provisions Section 211 of the Criminal Procedure Code.

It is so ordered.

Dated and delivered at Nyamira this 24^th day of November 2015.

C.B.NAGILLAH

JUDGE

In the presence of

Nyasimi (absent) for the accused person

Malesi for the State

Mercy Court Clerk