Republic v Isa & another [2022] KEHC 14349 (KLR)

Republic v Isa & another (Criminal Case 7 of 2020) [2022] KEHC 14349 (KLR) (Crim) (26 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14349 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case 7 of 2020

DO Ogembo, J

October 26, 2022

Between

Republic

Prosecutor

and

Ismail Rajab Isa alias Msaulo

1st Accused

Boniface Mutuma Muriungi alias Tuma

2nd Accused

Ruling

1. I have considered the rival submissions filed by the defence and the prosecution sides, and the evidence of the 6 prosecution witnesses. I am convinced that the prosecution has established a prima facie case against both accused 1 and 2. I accordingly find that both accused 1 and 2 have a case to answer and I put them to their own defences under section 211 of the Criminal Procedure Code.

D O OGEMBOJUDGE26TH OCTOBER, 2022. Court:Ruling read out in court in the presence of accused, Mr Ongoto for the accused 2 and holding brief for Karanja for accused 1, and Ms Kimani for state.D O OGEMBOJUDGE26TH OCTOBER, 2022. Court:Section 211 of the Criminal Procedure Code explained to both the accused.D O OGEMBOJUDGE26TH OCTOBER, 2022. Mr Ongoto:I have instructions that both accused 1 and 2 shall give sworn defences. Accused 1 shall not call any witnesses. Accused 2 shall also not call any witnesses.Court:Section 211 of the Criminal Procedure Code complied with. Date of defence to be fixed. Defence hearing December 1, 2022.