Republic v Stephen Ntabathia Muchena & 3 others [2018] KEHC 731 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 56 OF 2015

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

VERSUS

STEPHEN NTABATHIA MUCHENA & 3 OTHERS.....ACCUSED

RULING

The accused persons Stephen Ntabathia Muchena Julius Gatumo M’Rukunga and Joel Mpuria Laichena were jointly charged with offence of murder contrary to section 203 of the penal code.

The particulars are that the 3 accused persons on the 17th day of October 2001 at Kamburu village Kibuline sublocation of Mbeu location in Tigania west sub-county , within Meru County jointly murdered Kainga M’Aburuki Nkubiria

From evidence of the 6 witnesses called by the prosecution as well as evidence and exhibits of the Investigating Officer and Documents in Cr. C. No. 39 of 2002, this court finds that a prima facie case has been established and accused persons have a case to answer.  Therefore place on defence.

HON. A.ONG’INJO

JUDGE

RULING DELIVERED, SIGNED AND DATED THIS 8TH DAY OF NOVEMBER 2018

IN THE PRESENCE OF:

C/A:

ACCUSED: A1 –Present in person

A2 – Present in person

Ms Nelima Advocate for accused

N/ A- Mrs Ntarangwi Advocate holding brief.

Court

S.211 C.P.C explained to accused persons and they reply

A1 – Sworn statement, no witness

A2 – No witness, sworn statement.

Order

Dhg 17. 12. 2018

HON. A.ONG’INJO

JUDGE