REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 21 OF 2008 REPUBLIC …………….……...........…………….………….. PROSECUTION =VERSUS= NGENYO NYANGALA ...................…………...……..….……… 1ST ACCUSED BORU NYANGALA ………..............…………………………... 2ND ACCUSED RULING The two accused persons namely NGENYO NYANGALA and BORU NYANGALA are jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 of the CRIMINAL PROCEDURE CODE. The prosecution led by the learned State Counsel called a total of nine (9) witnesses in support of their case. I have considered the evidence adduced by these nine (9) witnesses. In my view a prima facie has been established against the two accused. I therefore direct that both accused shall give their defence to this charge in accordance with S. 306(2) of the Criminal Procedure Code. Dated and Delivered in Mombasa this 24th day of June 2011. M ODERO JUDGE In the presence of: Mr. Mushelle holding brief for Ms. Kipsang Mr. Onserio for State
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