Republic v Githinji [2023] KEHC 25506 (KLR)

Republic v Githinji (Criminal Case E026 of 2022) [2023] KEHC 25506 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25506 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E026 of 2022

A. Ong’injo, J

November 16, 2023

Between

Republic

Prosecutor

and

Emily Waithira Githinji

Accused

Ruling

1. The accused person Emily Waithira Githinji faces a charge of murder contrary to Section 203 as read with Section 204 of thePenal Code Cap 63 of the Laws of Kenya.

2. The particulars are that on the 29th day of September 2022 at Alidina Jomvu Sub-County, within Mombasa County murdered Peter Oloo Odhiambo.

3. The prosecution called 9 witnesses to support its case that the accused committee the offence herein. Counsel for the accused person submitted orally in court and the matter was reserved for ruling.

4. From the evidence of the 9 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend herself. She has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Mr. Ngiri for the StateMs. Memia Advocate for the AccusedAccused present in personCourt: Ruling delivered. Section 211 of the Criminal Procedure Code complied with.Order: Defence hearing on 11. 12. 2023HON. LADY JUSTICE A. ONG’INJO`JUDGE16. 11. 2023