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Original judgment

Republic v Samson Mithika Alias Kaboy & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 22 OF 2016 REPUBLIC....................................................PROSECUTION VERSUS SAMSON MITHIKA ALIAS KABOY.........1ST ACCUSED DORINE MUKIRI ANAMPIU.....................2ND ACCUSED PENINAH KAIGONGI ANAMPIU.............3RD ACCUSED SILAS GIKUNDI ALIAS MWALIMU........4TH ACCUSED RULING The accused persons Samson Mithika alias Kaboy, Dorine Mukiri Anampiu, Penina Kang’ong’I Anampiu and Silas Gikundi alias Mwalimu were jointly charged with the offence murder contrary to section 203 as read with section 204 of the penal code. Particulars are that the accused persons on the 24 th day of April 2016 at Muganda village Anjuki Location, Mikinduri Division in Tigania East Subcounty within Meru County jointly murdered Francis Gitonga Githiora. Upon listening to evidence of prosecutions 9 witnesses this court is of the view that the accused persons owe an explanation to the court on how the deceased met his death while in their company. They have a case to answer and are placed on their defence. .................................. HON. A.ONG’INJO JUDGE RULING SIGNED, DELIVERED AND DATED THIS 28TH DAY OF FEBRUARY 2019. In the presence of: CA:-Kinoti Ms Mbithe for state A1:-present in person A2:-present in person Mr Kithinji holding brief for Ashaba for accussed A3:-present in person persons A4:-present in person

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................................... HON. A.ONG’INJO JUDGE Court S. 211 C.P.C explained to accused persons – how to defend themselves and they reply :A1: No Witness A2: Sworn statement. No witness A3: Sworn statement: No witness Order Defence hearing on 4.6.2019. Copy of ruling to be supplied to defence counsel. ................................... HON. A.ONG’INJO JUDGE

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