REPUBLIC v ALI SALIM AWADH [2011] KEHC 645 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 23 OF 2009

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

=VERSUS=

ALI SALIM AWADH aliasALI HASSAN MAJID....................................................................ACCUSED

RULING

The accused ALI SALIM AWADH alias ALI HASSAN MAJID has been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the PENAL CODE. The accused pleaded ‘not guilty’ to the charge. The prosecution led by MR. ONSERIO learned State Counsel called a total of fourteen (14) witnesses in support of their case. MR. ODHIAMBO Advocate acted for the accused in the matter.

I have considered the evidence adduced by the prosecution witnesses, I am satisfied that a prima facie case has been established against the accused. As such I rule that the accused will give his defence to the charge in accordance with Section 306(2) of the Criminal Procedure Code.

Dated and Delivered in Mombasa this 16th day of December 2011.

M. ODERO

JUDGE

In the presence of:

Mr. Obara holding brief for Mr. Odhiambo

Mr. Onserio for State