Republic. v Kennedy Ireri alias Chuma, Stanley Gitonga Kivuti, John Kariuki Njiru & Obadiah Mugendi [2013] KEHC 2034 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

MURDER CASE NO. 12 OF 2010

REPUBLIC..................................................PROSECUTION

VERSUS

KENNEDY IRERI ALIAS CHUMA...........….........1ST ACCUSED

STANLEY GITONGA KIVUTI...........................2ND ACCUSED

JOHN KARIUKI NJIRU..................................3RD ACCUSED

OBADIAH MUGENDI.....................................4TH ACCUSED

R U L I N G

The four accused persons were all charged with the offence of Murder contrary to section 203 as read with Section 204 of the Penal Code.  The prosecution called a total of 15 witnesses whose evidence is very clear.  PW7 and PW10 were at the scene and have stated what they witnessed.  PW8 received a report as an administrator and acted.

I have considered the submissions by all counsels.  I am however satisfied that the prosecution has established a prima facie case against all the four accused persons who I hereby place on their defence under the provisions of Section 306(2) of the Criminal Penal Code.

DELIVERED, DATED AND SIGNED AT EMBU THIS 27TH DAY OF SEPTEMBER 2013.

H.I. ONG’UDI

JUDGE

In the presence of:-

Ms. Ingahizu for State

Mr. Ken Githinji for Mugambi for 1st Accused

Mr. Ken Githinji for 2nd Accused

Mr. Ken Githinji for Ms. Njeru for 3rd Accused

Mr. Ken Githinji for Momanyi for 4th Accused

Njue CC