Republic v Benjamin W. Maina [2013] KEHC 2546 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 28 OF 2011

REPUBLIC……………………………………..……….………PROSECUTION

VERSUS

BENJAMIN W. MAINA………………………………….…………ACCUSED

RULING

The accused person namely BENJAMIN WANYIRI MAINA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.  The prosecution called a total of eleven (11) witnesses in support of their case.  I have considered the evidence adduced by the prosecution witnesses.  I find that a prima facie case has been established.  I therefore direct that the accused shall give his defence to the charge.

Dated and delivered in Mombasa this 27th day of August, 2013.

M. ODERO

JUDGE

In the presence of:

Mr. Dzomu for State

Mr. Wameyo h/b Mr. Matheka for Accused

Court Clerk Mutisya

Court:

Defence hearing to proceed on 16th October, 2013.

M. ODERO

JUDGE

27TH AUGUST, 2013