Republic v Ferdinand M. Mwandaghina [2013] KEHC 2955 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 18 OF 2009

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

VERSUS

FERDINAND M. MWANDAGHINA.……………….…………ACCUSED

RULING

The accusedFERDINAND MAGANGA MWANDAGHINAfaces a charge ofMURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.The prosecution called a total of six (6) witnesses in support of their case.

Having considered the evidence adduced by these prosecution witnesses, I am satisfied that a prima facie case has been established.  I therefore direct that the accused shall give his defence to the charge.

Dated this 22nd day of July, 2013.

M. ODERO

JUDGE

In the presence of:

Mr. Ayodo for State

Mr. Mohamed h/b Mr. Atancha for Accused

Court Clerk Mutisya

Court:

Defence hearing on 5th September, 2013.

Hearing notice to issue to Mr. Atancha.

M. ODERO

JUDGE

22ND JULY, 2013