Republic v Alex Mwangangi Michael Alias Ngangi [2019] KEHC 5556 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCR NO. 32 OF 2017

REPUBLIC..................................................................PROSECUTION

VERSUS

ALEX MWANGANGI MICHAEL aliasNGANGI...........ACCUSED

RULING

1. Alex Mwangangi Michael alias Ngangistands charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

The particulars being that on the 23rd day of May, 2013 at about 5:00 pm at Kyome village, Mangani sub-location, Kisau location in Mbooni East District within Makueni County murdered Muli Suma.

2. The prosecution called a total of eleven (11) witnesses; none of whom witnessed the actual killing. The defence counsel has filed submissions citing contradictions in the evidence of the witnesses.

3. I have considered all this evidence plus the submissions. I am satisfied that there is sufficient evidence forming a prima facie case against the accused.

4. I hereby place him on his defence under Section 306(2) Criminal Procedure Code.

Orders accordingly

DELIVERED, SIGNED & DATED THIS 16TH DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.

H. I. ONG’UDI

JUDGE