Republic v Anthony Shikhandi Indongole [2015] KEHC 3837 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA AT KAKAMEGA.

CRIMINAL CASE NO. 40 OF 2009.

REPUBLIC........................................................PROSECUTOR.

VERSUS

ANTHONY SHIKHANDI INDONGOLE...................ACCUSED.

R U L I N G.

1. The accused person herein, ANTHONY SHIKHANDI INDONGOLE was arraigned before the court on 22/9/2009 for taking of a plea.  Due to negotiations on plea bargaining which did not realise any frustration, this court inadvertently did not take the plea until on 22/6/2011.  The accused person then pleaded not guilty to the charge of murdering SAMMY HASSAN WERE.

2. The prosecution availed 4 witnesses whose evidence this court has carefully gone through.  I am satisfied that the prosecution, on the evidence on record, has established a prima-facie case against the accused person.  The accused person is humbly placed on his defence.  Section 306 of the Criminal Procedure Code to be complied with.

3. Orders accordingly.

DELIVERED, DATED and SIGNED this  1st day of July, 2015.

A.C. MRIMA.

JUDGE.