REPUBLIC V MOSES WANJALA NGAIRA [2012] KEHC 214 (KLR)

REPUBLIC OF KENYA

High Court at Eldoret

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

VERSUS

MOSES WANJALA NGAIRA........................................................................ACCUSED

RULING:

The Accused was 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 eight (x8) witnesses. It was the evidence of PW1, PW2 and PW5 that they found the deceased alive and the deceased named the Accused person “ Musungu” as the person who had assaulted him.

I concur with the submissions of Prosecuting Counsel for the State that under the provisions of Section 33 (a) of the Evidence Act a statement made by a deceased person as to the cause of death is admissible as evidence.

The Accused was also arrested by PW8 with an iron bar and the evidence of PW7 corroborates the fact that the injuries were severe and caused by blunt object with a sharp edge.

For the reasons stated above this court is satisfied that the prosecution has made out a prima facie and that the Accused has a case to answer and is accordingly called to his defence.

It is so ordered.

DATED and DELIVERED at Eldoret this 17th day of December 2012

A.MSHILA

JUDGE

Coram: Before Hon. A Mshila J

CC: Andrew

Counsel for the State: Ruto

Counsel for the Accused: Mutai holding brief for Koros

Language: Kiswahili

Accused: Present

A.MSHILA

JUDGE