Republic v Pius Koome & Stephen Miriti [2019] KEHC 3287 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 86 OF 2018

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

VERSUS

PIUS KOOME........................................................ 1ST ACCUSED

STEPHEN MIRITI............................................... 2ND ACCUSED

RULING

1. The accused persons were charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 of the Laws of Kenya.

2. The particulars of the offence are that Pius Koome and Stephen Miriti on the 5th day of September 2018 at Kirimampio Location in Igembe South Sub-County within Meru County jointly with another not before the court murdered Wilson Mweresa.

3. The prosecution closed its case on 3rd July 2019 after having called 4 witnesses. From the evidence of the 4 witnesses this court is convinced that a prima facie case has been raised requiring  the accused persons to respond to the charge against them. They have a case to answer and are placed on their defence.

HON A.ONG’INJO

JUDGE

RULING DELIVERED, DATED AND SIGNED THIS 3RD DAY OF OCTOBER  2019

IN THE PRESENCE OF:-

C/A: JAPHETH

State: Mrs Mbithe for state

Accused 1 – present in person

Accused 2 – present in person

Defence counsel:- Mr Kaumbi holding brief for Otieno for accused person.

S.211 CPC explained and accused person reply

A1- sworn statement

A2- sworn statement

Mr Kaumbi: Defence shall call 2 witnesses

Order: Dhg 4. 11. 2019

HON A.ONG’INJO

JUDGE