Republic v Jacob Musee Ingosi [2015] KEHC 3764 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL CASE NO. 51 OF 2009

REPUBLIC .............................................................. PROSECUTOR

VERSUS

JACOB MUSEE INGOSI ................................................. ACCUSED

RULING

When JOHN MUTSOTSO was murdered on 20th/21st October, 2009, JACOB MUSEE INGOSI alias TONNY was subsequently charged with the said murder on 25/03/2010. He denied the charge and the trial followed thereafter.

A total of 6 witnesses testified and at the close of the prosecution’s case this Court revisited the evidence inorder to establish if at all any prima facie case had been established against the Accused person.

This Court returns the finding that indeed the prosecution managed to establish a prima facie case as against the Accused person warranting him to be placed on his defence. The Accused person therefore has a case to answer. Section 306 of the Criminal Procedure Code to be accordingly complied with.

DELIVERED, DATED and SIGNED this 16th day of July, 2015

A.C. MRIMA

JUDGE