REPUBLIC v DONALD AMWAYI SHIRAKU [2011] KEHC 1948 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 24 OF 2007

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

=VERSUS=

DONALD AMWAYI SHIRAKUalias KANDAMAJI..............................................................ACCUSED

RULING

The accusedDONALD AMWAYI SHIRAKU alias KANDAMAJIhas been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the PENAL CODE. The prosecution called a total of ten (10) witnesses in support of their case. I have considered the evidence adduced by these ten (10) witnesses and I am satisfied that a prima facie case has been made against the accused. I therefore rule that the accused shall give his defence in accordance with S. 306(2) of the Criminal Procedure Code.

Dated and Delivered at Mombasa this 16th day of June 2011.

M. ODERO

JUDGE

In the presence of:

Ms. Odhiang holding brief for Mr. Mushelle

Mr. Onserio for Accused