Republic v John Busere Chacha, John Rioba Mwikwabe, Catherine Mogesi & Japanese Rioba [2019] KEHC 8635 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MIGORI

CRIMINAL CASE NO. 15 OF 2017

(Consolidated with Criminal Case Nos. 18 and 19 of 2017 and No. 19 of 2018)

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

VERSUS

1. JOHN BUSERE CHACHA

2. JOHN RIOBA MWIKWABE

3. CATHERINE MOGESI

4.  JAPANESE RIOBA.....................................................................ACCUSED

RULING

1. Having been initially separately charged, the accused persons herein were formally jointly charged on 23/07/2018 with others already before court for the murder of onePeter Marwa John.

2. The accused persons denied the charge and a trial was held. The prosecution called 6 witnesses.

3. At the close of the prosecution’s case Counsels for the Accused persons filed written submissions. They contended that there was no sufficient evidence to warrant the accused persons be placed on their defences They also referred to several decisions which I have carefully read.

4. This Court has patiently considered the evidence on record. I am satisfied that the prosecution has established a prima facie case against each of the accused persons to warrant them be placed on their defenses.

5.  Consequently, the accused persons herein are hereby placed on their defenses. Section 306(2) of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya is hereby complied with.

DELIVERED, DATEDandSIGNED at MIGORI this 4th day of April 2019.

A. C.  MRIMA

JUDGE

Ruling delivered in open Court and in the presence of: -

Mr. KiseraCounsel for the First Accused person.

Mr. JuraCounsel for the Second, Third and Fourth Accused persons.

Mr. Kimanthi, Learned Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.

Evelyne Nyauke– Court Assist