Republic v James Kinuthia Kaguora,Joseph Kamau Ngugi & Samuel Nduati Karanja [2015] KEHC 658 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 95 OF 2012

LESIIT, J

REPUBLIC ………….…..…….……....................................................…….……... PROSECUTOR

-VERSUS -

JAMES KINUTHIA KAGUORA .................................................................................1ST ACCUSED

JOSEPH KAMAU NGUGI ………………………..................................………..… 2ND ACCUSED

SAMUEL NDUATI KARANJA ……………………...................................……….. 3RD ACCUSED

RULING

1. I have considered the evidence adduced by the prosecution in this case.  Having done so, I am satisfied that a prima facie evidence has been established against the 1st accused to warrant the court to place him on his defence.

2. As for the 2nd and 3rd accused, I acquit them at this stage under Section 306 of the Criminal Procedure Code for reasons to be given later in judgement.

Dated at Nairobi this 1st day of October, 2015.

LESIIT, J

JUDGE