Republic v Pius Zakaria Nyongesa & Hosea Nyongesa Wanyonyi [2017] KEHC 7309 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

CRIMINAL CASE NO.14 OF 2011

REPUBLIC…………………………………………...……………….…….PROSECUTOR

VERSUS

PIUS ZAKARIA NYONGESA……………………………………………….1ST ACCUSED

HOSEA NYONGESA WANYONYI……………………………………….…2ND ACCUSED

RULING

I have considered the evidence so far adduced by the Prosecution and although the investigating Officer did not testify the testimony of eye witness is present on the shooting and death of the deceased both would have been discussed by the investigating Officer and a post mortem would have simply fortified the fact of death.

Having considered the evidence so far I have formed the opinion that a Prima facie case has been made out by the Prosecution necessitating the 2 persons to be placed on their defence.

DATED and DELIVERED at BUNGOMA this   2ND   day of   MARCH,  2017

ALI-ARONI

JUDGE