REPUBLIC v AKIDA MWANGOLO [2010] KEHC 608 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL (MURDER) CASE NO. 25 OF 2009

REPUBLIC …………………………….. PROSECUTION

VERSUS

AKIDA MWANGOLO ……………….……… ACCUSED

RULING

The accusedAKIDA MWANGOLOwas arraigned in court on a charge of MURDER CONTRARY TO SECTION 203 as read with S. 204 OF THE PENAL CODE. The accused entered a plea of ‘not guilty’ to the charge and his trial commenced on 24th February 2010. The prosecution called a total of ten (10) witnesses in support of their case. I have given careful consideration to the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established. I therefore direct that the accused shall be called upon to give his defence in accordance with S. 306(2) of the Criminal Procedure Code.

Dated and Delivered in Mombasa this 15th day of November 2010.

M. ODERO

JUDGE

Read in open court in the presence of:-

Ms. Odhiang for Accused

Mr. Onserio for State

M. ODERO

JUDGE

15/11/2010