REPUBLIC v REUBEN MATIRO MBILISHE & 2 Others [2011] KEHC 4127 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF JENYA

AT MOMBASA

CRIMINAL CASE NO. 22 OF 2007

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

-VERSUS-

REUBEN MATIRO MBILISHE …….......................................................................…….… 1ST ACCUSED

CHRISTINE MKAMBURI KALUTU ….........................................................................….... 2ND ACCUSED

RULING

The two accused persons namely REUBEN MATIRO MBILISHE (hereinafter referred to as the 1st accused) and CHRISTINE MKAMBURI KALUTU (hereinafter referred to as the 2nd accused) were arraigned before the High Court in Mombasa where they were jointly charged with the offence of MURDER CONTRARY TO SECTION 203as read with S. 204 OF THE PENAL CODE.  The State led by MR. ONSERIO, learned State Counsel called a total of ten (10) witnesses in support of their case.  MR. MWAKIRETI learned counsel appeared for both accused persons.  I have carefully considered the evidence of the ten prosecution witnesses.  With respect to the 1st accused I am satisfied that a prima facie case has been shown against him.  As such I do rule that the 1st accused shall be called upon to give his defence in compliance with S. 306(2) of the Criminal Procedure Code.

As concerns the 2nd accused I find that no prima facie case has been made out against her (reasons for this finding will be included in my final judgement).  I therefore enter a finding of ‘not guilty’ with respect to the 2nd accused under S. 306(1) of the Penal Code.  I direct that she be set at liberty forthwith unless she is otherwise lawfully held.

Dated and Delivered in Mombasa this 11th day of February 2011.

M. A. ODERO

JUDGE