Republic v Bwanadi Omar Banadi & Abdi Ali Mohamed [2019] KEHC 1592 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT GARSEN

CRIMINAL CASE NO 12 OF 2016

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

VERSUS

BWANADI OMAR BANADI.......1ST ACCUSED

ABDI ALI MOHAMED.............. 2ND ACCUSED

RULING

1. Bwanado Omar Bwanadi (1st Accused) and Abdi Ali Mohamed (2nd Accused) are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code, cap 63 Laws of Kenya.

2. The particulars of the offence are that on the 10th day of June, 2016 at Mbwajumwali village in Lamu East Sub-County within Lamu County jointly murdered Mohamed Shee Mohamed Omar.

3. The prosecution case proceeded before Ongeri J where she heard 8 witnesses before she was transferred to another station. I took over the trial and heard 2 witnesses after the Accused elected to have the matter proceed from where it had reached. At the close of the prosecution case, both the prosecution and defence filed written submissions.

4. I have carefully considered the evidence on record. I have also considered the submissions of the parties.

5. It is my finding that the prosecution has established a prima faciecase against the 1st and 2nd accused. Each accused is invited to elect their mode of defence in accordance with section 306 of the Criminal Procedure Code.

Orders accordingly.

Ruling delivered, dated and signed at Garsen on this 30th day of September, 2019.

...........................

R. LAGAT KORIR

JUDGE

In the presence of:

The 1st and 2nd Accused

S.Pacho, Court Assistant

Mr. Nyongesa h/b for Mr. Gekanana for 1st &2nd Accused

Mr. Mwangi for the Respondent