Republic v Bates & another [2023] KEHC 20475 (KLR)

Republic v Bates & another (Criminal Case E014 of 2022) [2023] KEHC 20475 (KLR) (13 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20475 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E014 of 2022

A. Ong’injo, J

July 13, 2023

Between

Republic

Prosecutor

and

Ali Ahmed Bates

1st Accused

Hussein Omari

2nd Accused

Ruling

1. The accused persons Ali Ahmed Batesand Hussein Omariface a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. Particulars of the offence are that Ali Ahmed Bates and Hussein Omarion June 22, 2022 at Magram Butchery Area, Jomvu Road, off Jomo Kenyatta Avenue in Mvita Sub-County within Mombasa County murdered David Ndegwa.

3. The prosecution called 5 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused persons on their defence. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMs. Munyari Advocate for the 1st Accused – Mr. Masolia holding briefMr. Masolia Advocate for the 2nd AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 CPC explained to the accused personsMr. Masolia: Ms. Munyari indiated 1st Accused will give sworn evidence and will not call a witness. The 2nd Accused will also give sworn evidenceHON. LADY JUSTICE A. ONG’INJOJUDGE13. 7.2023