Republic v Festo Mukolwe Alukwe [2022] KEHC 12163 (KLR)

Republic v Festo Mukolwe Alukwe (Criminal Case 30 of 2013) [2022] KEHC 12163 (KLR) (8 July 2022) (Ruling)

Neutral citation: [2022] KEHC 12163 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 30 of 2013

WM Musyoka, J

July 8, 2022

Between

Republic

Prosecution

and

Festo Mukolwe Alukwe alias Yafes

Accused

Ruling

1. The accused faces a murder charge. It is alleged that on 5th June 2013 at Ekhumira Village, Shirotsa Sub-Location, Butere District, within Kakamega County, he murdered Wycliffe Ashioya Shikuku. He denied the charge. Five witnesses testified.

2. I am now called upon to decide whether the prosecution adduced enough evidence to warrant the accused being put on his defence.

3. I have perused the record, and in particular the testimonies of PW1, PW2 and PW3, and I am of the persuasion that the Republic has adduced adequate evidence to warrant the accused person being put on his defence

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 8TH DAY OF JULY 2022W M MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai instructed by director of Public Prosecution, for RepublicFesto Mukolwe Alukwe Alias Yafes, the accused, in person