REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO.34 OF 2008 REPUBLIC ............................................................PROSECUTION VS FRANCIS MBARE FISTUS.......................................1ST ACCUSED JAPHET MUTEMBEI FRANCIS................................2ND ACCUSED GEORGE MWIRIGI KIAMBI.....................................3RD ACCUSED ERNEST GACHOVI MAKEMBO..............................4TH ACCUSED LUCIANA NKUNU KIAMBI......................................5TH ACCUSED ELIZABETH NEKESA MWIRIGI...............................6TH ACCUSED FREDLICK GIKUNDA KIAMBI..................................7TH ACCUSED RULING The accused persons Francis Mbare Fistus, Japhet Mutembei Francis, George Mwirigi Kiambi, Ernest Gachovi Kiambi, Luciana Nkunu Kiambi, Elizabeth Nekesa Mwirigi and Fredrick Gikunda Kiambi were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. Particulars are that the accused persons on the 23rd day of April 2008 at Kuharene village Giathathi sublocation Mweru Location in Imenti South District within the Eastern Province (Now Meru County) jointly with others not before court murdered Francis Miriti. Having considered the evidence tendered by prosecution witnesses this court finds that a prima facie case has been established against accused persons requiring that they should be placed on defence. They have a case to answer. HON. A.ONG’INJO JUDGE Before Adwera _ Ong’injo J
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Penina – Court Assistant Mrs Mwathi for state Mrs Ntarangwi Advocate for 2nd and 3rd for Accused person. Mr Mbaabu Advocate for 1st Accused. 1st Accused – Present in person – Mr Kaimenyi Advocate for 4th to 7th Accused. 2nd Accused – Present in Person 3rd Accused – Present in person 4th Accused – Deceased N/A 5th Accused – Present in person 6th Accused – Present in person 7th Accused – Present in person Ms Ntarangwi holding brief. Court Ruling, Delivered, Dated and signed in court this 12th Day of October 2017. HON. A.ONG’INJO JUDGE Mrs Ntarangwi Advocate The accused persons will give sworn statements. Accused 1 and Accused 2 no witnesses. Accused 3 – has one witness Accused 4- has one witness Accused 5 has a witness Accused 6 – no witness. Order Defence hearing 19.2.2018. HON. A.ONG’INJO JUDGE
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