Republic v Samuel Kilele Musembi & Boniface Makau Peter [2017] KEHC 1183 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAJIADO

CRIMINAL CASE NO.26 OF 2015

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

VERSUS

SAMUEL KILELE MUSEMBI....................1ST ACCUSED

BONIFACE MAKAU PETER.....................2ND ACCUSED

RULING

The two accused persons are charged before this court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge are that on the night of 28th and 29th day of September, 2014 at Kimana Oloile village the accused persons murdered Namunyak Meele.

In order to proof the offence of murder the prosecution called a total of thirteen witnesses. At the close of prosecution case the court is mandated by law under section 306 (1) to make a finding on a no case to answer.

I have evaluated the evidence as placed before this court which included the medical evidence, the government analyst, the scenes of crime officer, the investigating officer and the testimony of PW1, PW2, PW4, PW5, PW6, PW7 and PW8 who were acquainted with the deceased person.

From the evidence I am satisfied that the prosecution has presented sufficient evidence to warrant each of the accused to be placed on his defence. I reserve the reasons at this stage. Section 306 (2) of the CPC read and explained to each of the accused person who elects to state as follows:

Dated, signed and delivered in open court at Kajiado on 30/1/2017.

……………….

R. NYAKUNDI

JUDGE

Representation:

Accused persons present

Mr. Sekento for the 1st accused person

Mr. Morara for the 2nd accused person

Mr. Alex Akula for Director of Public Prosecutions

Mr. Mateli Court Assistant