REPUBLIC v JCKTONE ANZAYA [2010] KEHC 3463 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA

Criminal Case 37 of 2006

REPUBLIC ……………………………………………… PROSECUTOR

V E R S U S

JCKTONE ANZAYA alias

SAMSON ANZAYA MANYASA ……....……………………. ACCUSED

R U L I N G

The accused person is charged with murder contrary to section 203 as read with section 204 of the Penal Code. Nine witnesses testified for the prosecution. PW1 and 2 testified before Justice G.B.M. Kariuki with the aide of assessors. PW2 was stood down before she finished her testimony. Five witnesses testified before Justice Fred Ochieng and two before me.

From the evidence of PW1, PW3, PW4 and PW5, I do find that the prosecution has established a prima facie case against the accused who is hereby put on his defence.

SAID J. CHITEMBWE

J U D G E

Delivered, dated and counter signed at Kakamega this 11th day of March, 2010

ISAAC LENAOLA

J U D G E