Republic v Stephen Ntabathia Muchena & 3 Others

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 17 th 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

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