REPUBLIC v NGENYO NYANGALA & BORU NYANGALA [2011] KEHC 1862 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 21 OF 2008

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

=VERSUS=

NGENYO NYANGALA ...................…………...……..….……… 1ST ACCUSED

BORU NYANGALA ………..............…………………………... 2ND ACCUSED

RULING

The two accused persons namely NGENYO NYANGALAandBORU NYANGALA are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the CRIMINAL PROCEDURE CODE. The prosecution led by the learned State Counsel called a total of nine (9) witnesses in support of their case. I have considered the evidence adduced by these nine (9) witnesses. In my view a prima facie has been established against the two accused. I therefore direct that both accused shall give their defence to this charge in accordance with S. 306(2) of the Criminal Procedure Code.

Dated and Delivered in Mombasa this 24th day of June 2011.

M ODERO

JUDGE

In the presence of:

Mr. Mushelle holding brief for Ms. Kipsang

Mr. Onserio for State