Republic v Felix Ouma Makadudi [2021] KEHC 2792 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 23 OF 2019

REPUBLIC...........................................................................................................PROSECUTOR

-V/S-

FELIX OUMA MAKADUDI.....................................................................................ACCUSED

R U L I N G

1. The accused person, FELIX OUMA MAKADUDI faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.

2. Particulars are that Felix Ouma Makadudi on the 30th day of October 2019 at Dunga-unuse village in Migadini area, within Changamwe sub-county within Mombasa County murdered William Johnson Bada.

3. The prosecution tendered the evidence of 7 prosecution witnesses 2 of whom were witnesses to the offence which took place in the early hours of 30th day of October 2019.

4. In consideration of the evidence and defence submissions, this court finds that the prosecution has raised a prima facie case and calls upon accused to defend himself.  He has a case to answer and is placed on defence.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 21ST DAY OF OCTOBER 2021

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:-

Ogwel- Court Assistant

Mr. Mulamula for State

Accused – present in person

Mr. Gitahi Advocate for accused

HON. LADY JUSTICE A. ONG’INJO J

21/10/2021

Court

Provisions of Section 211 Criminal Procedure Code explained to accused.

Accused

I will give sworn statement.  I will call one witness.

Mr. Gitahi

I pray for defence hearing date.

Order

Defence hearing on 6/12/2021

HON. LADY JUSTICE A. ONG’INJO J

21/10/2021