1.The accused was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. the particulars of the offence are that on 3rd day of July 2017, at Simatwo village, Kapteren, within Elgeyo Marakwet County, the accused person murdered Abel Kipchirchir.
2.The question that this court has to deal with and answer at this stage is, whether based on the evidence before this Court, the Court after properly directing its mind to the law and the evidence may, as opposed to will, convict if the accused chose to give no evidence. A case to answer was defined in Republic vs Joseph Shitandi & Another (2014) eKLR as follows:-
3.In Ramanlal Trambaklal Bhatt Vs R  EA 332 at 335, the court stated as follows:
4.Under section 306 of the Criminal Procedure Code Cap 75 Laws of Kenya, this court has a duty, upon close of the prosecution’s case, to make a ruling or a decision on whether an accused person has a case to answer or not. Under section 306(1), when the evidence of the witnesses for the prosecution has been concluded and the court is of the opinion that there is no evidence that the accused person committed the offence should, after hearing, if necessary, any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.
5.Having considered the material placed before me I am satisfied that the prosecution has established a prima facie case for the purposes of a finding that the accused has a case to answer. As to whether the said evidence on record meet the threshold for convicting the accused is a matter that will have to be considered at the end of the trial.I accordingly place the accused on his defence.