Republic v Peter Ingoka Khatsimba [2015] KEHC 5989 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL CASE NO. 46 OF 2012

REPUBLIC ......................................STATE COUNSEL

VERSUS

PETER INGOKA KHATSIMBA................... ACCUSED

RULING

On 03/12/2012, the Accused herein PETER INGOKA  KHATSIMBA  was charged with the murder of one KELLY FEFA SHITANDI.

He pleaded not guilty and thereafter the hearing of the case commenced.  The prosecution called a total of 4 witnesses in its bid to prove the charge against the Accused.

At the close of the prosecution case on 24/11/2014 the parties invited the Court to make a ruling while reserving their submissions.

This Court has perused the record and the evidence tendered.  It is a fact that the said KELLY FEFA SHITANDIlost his life and in view of the available evidence on record it would be only prudent to hear the Accused on what he may have to say on the charge, if any.

On that footing and upon the assessment of the evidence, this Court is satisfied that the prosecution has adduced sufficient evidence to warrant the Accused be placed on his defence.

The Accused herein is accordingly put on his defence.

DATED, DELIVERED AND SINGED AT KAKAMEGA THIS 12TH DAY OF FEBRUARY2015.

C.  MRIMA

JUDGE