REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU MURDER CASE NO. 12 OF 2010 REPUBLIC..................................................PROSECUTION VERSUS KENNEDY IRERI ALIAS CHUMA...........….........1ST ACCUSED STANLEY GITONGA KIVUTI...........................2ND ACCUSED JOHN KARIUKI NJIRU..................................3RD ACCUSED OBADIAH MUGENDI.....................................4TH ACCUSED RULING The four accused persons were all 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 15 witnesses whose evidence is very clear. PW7 and PW10 were at the scene and have stated what they witnessed. PW8 received a report as an administrator and acted. I have considered the submissions by all counsels. I am however satisfied that the prosecution has established a prima facie case against all the four accused persons who I hereby place on their defence under the provisions of Section 306(2) of the Criminal Penal Code. DELIVERED, DATED AND SIGNED AT EMBU THIS 27TH DAY OF SEPTEMBER 2013. H.I. ONG’UDI JUDGE In the presence of:Ms. Ingahizu for State Mr. Ken Githinji for Mugambi for 1st Accused Mr. Ken Githinji for 2nd Accused Mr. Ken Githinji for Ms. Njeru for 3rd Accused Mr. Ken Githinji for Momanyi for 4th Accused Njue CC
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