Republic v Chidzao & another [2024] KEHC 5870 (KLR)

Republic v Chidzao & another (Criminal Case 7 of 2020) [2024] KEHC 5870 (KLR) (23 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5870 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 7 of 2020

A. Ong’injo, J

May 23, 2024

Between

Republic

Prosecutor

and

Ramathan Tsuma Nyiro Chidzao

1st Accused

Kache Changawa Chengo

2nd Accused

Ruling

1. The accused persons Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoface a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.

2. The particulars are that Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoon the night of 6th July 2018 at Zukurukani Villlage at Kilibasi Sub-Location within Kwale County jointly murdered Saumu Kokoi Nyae.

3. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein and the matter was reserved for ruling.

4. From the evidence of the 6 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 23RD DAY OF MAY 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Omuya H/B for Mrs. Makuto Advocate for 1st Accused PersonMr. Omuya Advocate for 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Omuya: 2nd Accused will give sworn evidence. He can take a date for defence hearing.Order: Defence hearing on 17. 6.2024. Notice to Mrs. Makuto Advocate for the 1st Accused.HON. LADY JUSTICE A. ONG’INJOJUDGE23. 5.2024