REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE (MURDER) NO. 21 OF 2010 REPUBLIC………………….………PROSECUTION VERSUS 1. MOHAMMED DADI KOKANE ALIAS GABO 2. ALFRED NJURUKA MAKOKO 3. SAMWEL MWACHALA MWAGHANIA 4. JAMES CHACHA MWITA 5. DANIEL MDACHI MNENE SULEIMAN 6. OSMAN ABDI HUSSEIN 7. CRISPUS MKUNGUZI MNGOLIA 8. REGEA OMAR SALIM……….……ACCUSED RULING The eight (8) accused persons namely MOHAMED DADI KOKANE alias GABO (the 1st accused), ALFRED NJURUKA MAKOKO (the 2nd accused), SAMUEL MWACHALA MWAGHANIA (the 3rd accused), JAMES CHACHA MWITA (the 4th accused), DANIEL MDACHI MUNENE alias SULEIMAN (the 5th accused), OSMAN ABDI HUSSEIN (the 6th accused), CHRISPUS MUKUNGUZI MNGOLIA (the 7th accused) and REGEA OMAR SALIM (the 8th accused) have all jointly been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by Assistant Deputy Public Prosecutor MR. ONDARI called a total of twenty six (26) witnesses in support of their case. I have carefully considered the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established against the 1st, 2nd, 3rd, 4th, 5th, 6th and 7th accused persons. They will all give their defences to the charge in line with section 306 (2) of the Criminal Procedure Code. With respect to the 8th accused person I find that no prima facie case has been established against her. Reasons will be detailed in the final judgment. I enter a verdict of ‘Not Guilty’ against the 8th accused
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and I hereby acquit her under section 306 (1) of the Criminal Procedure Code and is to be set at liberty forthwith unless she is otherwise lawfully held. Dated and delivered in Mombasa this 21st day of February, 2014. M. ODERO JUDGE In the presence of: Mr. Gikandi for 6th Accused Mr. Kithi for Accused 1, 2, 3, 4, 5, 7 and 8 h/b Mr. Mwawasi for Accused 4 Mr. Murgor w/brief for Family Mr. Ondari for State Court Clerk Mutisya The accuseds to remain on bond but will continue to report to OCS Taveta on a fortnightly basis. M. ODERO JUDGE 21ST FEBRUARY, 2014
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