Republic v Leonard Mukunza Henry & Simon Kemboi Kaino [2017] KEHC 5794 (KLR)

REPUBLIC  OF  KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CRIMINAL CASE NO.  59  OF 2011

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

V E R S U S

LEONARD MUKUNZA HENRY..............................1ST ACCUSED

SIMON KEMBOI KAINO.......................................2ND ACCUSED

RULING

1. The two accused persons Leonard Mukunza Henry and Simon Kemboi Kainoare jointly charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. It is alleged that on the 1st day of September 2011 at Sango village, Likuyani District within the Western Province, jointly with others not before the court, the accused persons murdered Moses Wekesa Soita.

3. Each of the accused persons denied the charges.  In support of its case, the prosecution called a total of ten witnesses.  At the close of the prosecution case, learned counsel for the accused persons Mr. Chepkwony chose to file written submissions under Section 306 of the Criminal Procedure Code but learned prosecuting counsel Ms Oduor opted not to make any submissions at this stage.

4. I have carefully read and evaluated all the evidence on record alongside the written submissions filed by Mr. Chepkwony on the accused person’s behalf.  Having done so, I am satisfied that a prima facie case as defined in Bhatt V Republic (1957) EA 332at page 334 has been made out by the prosecution against each of the accused persons.  In the premises, I find that each of the accused persons has a case to answer and is accordingly put on his defence under Section 306(2) of the Criminal Procedure Code.

It is so ordered.

C. W. GITHUA

JUDGE

DATED, SIGNEDand DELIVEREDatELDORETthis 22nd day of March, 2017

In the presence of:-

Both accused persons

Mr. Chepkwony for both accused persons

Miss Karanja for the Republic

Mr. Lobolia Court clerk