REPUBLIC v SALIM MWATSUMO SALIM & MICHAEL MUTUGI [2012] KEHC 4976 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 34 OF 2008

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

=VERSUS=

SALIM MWATSUMO SALIM ……..........….…………….….. 1STACCUSED

MICHAEL MUTUGI ………..……......................……………. 2ND ACCUSED

RULING

The two accused persons SALIM MWATSUMO SALIM and MICHAEL MUTUGIare jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of six (6) witnesses in support of their case. I have carefully considered the evidence of the prosecution witnesses. I am satisfied that a prima facie case has been established as against both accused persons. I do

therefore direct that both accuseds shall give their defence to the charge.

Dated and Delivered in Mombasa this 5th day of March 2012.

M. ODERO

JUDGE

In the presence of:

Ms. Odhiang holding brief for Mr. Mushelle for Accused

Mr. Onserio for State