MAKAU MDATA V. REPUBLIC

JUDGMENT OF THE COURT

:The appellant, Makau Mdata Mwanongo, together with one Karisa Kaingu Jafa alias Mukutulo were charged in the superior court with two counts each of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of each charge as appears in the information dated 13^th October 2000 were as follows:

“COUNT I

1.Makau Mdata Mwanongo. 2. Karisa Kaingu Jafa alias Mukutulo: On the night of the 13^th and 14^th January 2000 at Dabaso area in Gede Location within Malindi District of the Coast Province, jointly with others not before court murdered Kahindi Karisa.

COUNT II

. Makau Mdata Mwanongo. 2. Karisa Kaingu Jafa alias Mukutulo: On the night of the 13^th and 14^th January 2000 at Dabaso areas in Gede Location within Malindi District of the Coast Province, jointly with others not before court murdered Jumwa Kahindi.”

They both pleaded not guilty to the charge and the hearing on that information started before Ouna J. on 12^th March 2002. After three pro…