REPUBLIC V OMAR MOHAMED KAPTENI NZAKA [2012] KEHC 3057 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA ATMOMBASA

CRIMINAL CASE 8 OF 2012

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

=VERSUS=

OMAR MOHAMED KAPTENI NZAKA .….........…...…… ACCUSED

RULING

The accused OMAR MOHAMED KAPTENI NZAKA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused who was represented by MS. ODHIANG Advocate entered a plea of ‘Not Guilty’ to the charge. The prosecution led by the learned State Counsel MR. ONSERIO called a total of ten (10) witnesses in support of their case.

I have carefully considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been made out and I do direct that the accused give his defence to this charge.

Dated and Delivered in Mombasa this 20th day of July 2012.

M. ODERO

JUDGE

In the presence of:

Ms. Odhiang for Accused

Mr. Gioche for State