REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL CASE NO. 8 of 2016 REPUBLIC............................................................PROSECUTOR -VERSUSDANFORD KABAGE MWANGI....................................ACCUSED RULING 1. The accused person Danford Kabage Mwangi is charged with murder c/s 203 as read with s. 204 of the Penal Code. 2. It is alleged that on the 15th August 2016 at Kiganjo Shopping Centre in Kiganjo Location within Nyeri County murdered Emmanuel Khamisi Simiyu. 3. The prosecution called 11 witnesses. At the close of their case the issue is whether the prosecution has established a prima facie case to warrant the accused being put on the defence. 4. I have carefully considered the evidence and the rival submissions by the Mr. Magoma for the state, and Mr. Gathiga Mwangi for the accused person. My view is that there is a prima facie case to warrant the accused being placed on the defence under s. 306(2) of the CPC Dated, delivered and signed at Nyeri this 24th Day of January 2019. Mumbua T Matheka Judge In the presence of: Court Assistant: Jerusha Accused present Mr. Njuguna Kimani holding Dated, delivered and signed at Nyeri this 24th Day of January 2019. Mumbua T Matheka
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Judge In the presence of: Court Assistant: Jerusha Accused present Mr. Njuguna Kimani holding brief for Gathiga Mwangi. brief for Gathiga Mwangi.
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