Republic v Chimanga alia Hamisi Shoo & 2 others [2022] KEHC 13855 (KLR)

Republic v Chimanga alia Hamisi Shoo & 2 others (Criminal Case 23 of 2016) [2022] KEHC 13855 (KLR) (7 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13855 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 23 of 2016

A. Ong’injo, J

September 7, 2022

Between

Republic

Prosecution

and

Mbovu Mugandi Chimanga alia Hamisi Shoo

1st Accused

Mwalewa Chombo Mugele

2nd Accused

Kolo Kumbe Mwachupa alias Kolo Mkalla

3rd Accused

Ruling

1. The accused Mbovu Mugandi Chimanga alias Hamisi Shoo, Mwalewa Chombo Mugele and Kolo Kumbe Mwachupa alias Kolo Mkalla (Deceased) were jointly charged with the offence of murder.

2. Particulars are that the accused person on the 4th March 2016 at around 2. 00pm at Mwatsauni Village in Ndavaya location, within Kwale County jointly with others before court murdered Ruwa Butuga.

3. This court has considered the evidence on record for the 5 prosecution witnesses and find that they have established a prima facie case sufficient to place accused persons on defence. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF SEPTEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for StateMs. Musyoki hold brief for Ms. Kipsang for A2Ms. Musyoki hold brief for Mr. Otieno Advocate for A1A1 – Present in personA2 – Present in personA3 – No appearance – Deceased.Letter from Ms. Nyandweat Odundo dated 9/11/2020. A3 passed on 6/08/2020. Permit for burial attached dated 7/08/2020. Hon. Lady Justice A. Ong’injo J7/9/2022Ms. MusyokiWe can take a defence hearing date. We will consult our clients and inform court how they wish to defend themselves.OrderDefence hearing – 13/10/2022. Hon. Lady Justice A. Ong’injo J7/9/2022