Republic v Francis Mbare Fistus, Japhet Mutembei Francis, George Mwirigi Kiambi, Ernest Gachovi Makembo, Luciana Nkunu Kiambi, Elizabeth Nekesa Mwirigi & Fredlick Gikunda Kiambi [2017] KEHC 2738 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO.34 OF 2008

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

VS

FRANCIS MBARE FISTUS.......................................1ST ACCUSED

JAPHET MUTEMBEI FRANCIS................................2ND ACCUSED

GEORGE MWIRIGI KIAMBI.....................................3RD ACCUSED

ERNEST GACHOVI MAKEMBO..............................4TH ACCUSED

LUCIANA NKUNU KIAMBI......................................5TH ACCUSED

ELIZABETH NEKESA MWIRIGI...............................6TH ACCUSED

FREDLICK GIKUNDA KIAMBI..................................7TH ACCUSED

RULING

The accused persons Francis Mbare Fistus, Japhet Mutembei Francis, George Mwirigi Kiambi, Ernest Gachovi Kiambi, Luciana Nkunu Kiambi, Elizabeth Nekesa Mwirigi and Fredrick Gikunda Kiambi were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.

Particulars are that the accused persons on the 23rd day of April 2008 at Kuharene village Giathathi sub-location Mweru Location in Imenti South District within the Eastern Province (Now Meru County) jointly with others not before court murdered Francis Miriti.

Having considered the evidence tendered by prosecution witnesses this court finds that a prima facie case has been established against accused persons requiring that they should be placed on defence.  They have a case to answer.

HON. A.ONG’INJO

JUDGE

Before Adwera _ Ong’injo J

Penina – Court Assistant

Mrs Mwathi for state

Mrs Ntarangwi Advocate for 2nd and 3rd for Accused person.

Mr Mbaabu Advocate for 1st Accused.

1st Accused – Present in person – Mr Kaimenyi Advocate for 4th to  7th Accused.

2nd Accused – Present in Person

3rd Accused – Present in person

4th Accused – Deceased N/A

5th Accused – Present in person

6th Accused – Present in person

7th Accused – Present in person

Ms Ntarangwi holding brief.

Court

Ruling, Delivered, Dated and signed in court this 12th Day of October  2017.

HON. A.ONG’INJO

JUDGE

Mrs Ntarangwi Advocate

The accused persons will give sworn statements.

Accused 1 and Accused 2 no witnesses.

Accused 3 – has one witness

Accused 4- has one witness

Accused 5 has a witness

Accused 6 – no witness.

Order

Defence hearing 19. 2.2018.

HON. A.ONG’INJO

JUDGE