REPUBLIC v DAVID MOMANYI MATHEWS & another [2012] KEHC 2525 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

Criminal Case 9 of 2009

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

=VERSUS=

DAVID MOMANYI MATHEWS..........................................................................................1ST ACCUSED

PETER BADA KARISA....................................................................................................2ND ACCUSED

RULING

The two accused persons namely DAVID MOMANYI MATHEW (hereinafter referred to as the 1st accused) and PETER BADA KARISA (hereinafter referred to as the 2nd accused) jointly face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. Both accuseds entered a plea of ‘Not guilty’ to the charge and their trial commenced before the High Court in Mombasa on 26th June 2010. The prosecution called a total of seventeen (17) witnesses in support of their case. I have carefully analyzed the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established as against both accused persons. I do hereby direct that they shall give their defence to the charge of Murder.

Dated and Delivered in Mombasa this 25th day of July 2012.

M. ODERO

JUDGE

In the presence of:

Mrs. Maithya for Accused 2

Ms. Odhiang holding brief for Mr. Mushelle