REPUBLIC v NEWTON NJOROGE & another [2012] KEHC 4966 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 24 OF 2009

REPUBLIC ……………..……………………..………….. PROSECUTION

VERSUS

NEWTONNJOROGE ……………………….…………….. 1ST ACCUSED

PHILLIPH WAMBUA KIOKO ….……...………………….. 2ND ACCUSED

RULING

The two accused persons face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of fifteen witnesses in support of their case. I have carefully considered the evidence adduced by these witnesses. In my opinion a prima facie case has been established as against both accused persons. As such I do hereby rule that they shall give their defence to the charge in accordance with Section 306(2) of the Criminal Procedure Code.

It is so ordered.

Dated and delivered in Mombasa this 16th day of March 2012.

M. ODERO

JUDGE

In the presence of:

Mr. Magolo for both accused

Mr. Gioche for State