Republic v Hamisi & 3 others [2023] KEHC 24629 (KLR)

Republic v Hamisi & 3 others (Criminal Case 5 of 2019) [2023] KEHC 24629 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24629 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 5 of 2019

A. Ong’injo, J

October 12, 2023

Between

Republic

Prosecutor

and

Fatuma Makazi Hamisi alias Stamili

1st Accused

Nzai Makazi

2nd Accused

Nzai Kazungu alias Chidimbwi

3rd Accused

Nyamawi Nguta Ali alias Kimaliza

4th Accused

Ruling

1. The accused Fatuma Makazi Hamisi alias Stamili, Nzai Makazi, Nzai Kazungu Alias Chidimbwi and Nyamawi Nguta Ali Alias Kimaliza face a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.

2. Particulars of the offence are that Fatuma Makazi Hamisi alias Stamili, Nzai Makazi, Nzai Kazungu Alias Chidimbwi and Nyamawi Nguta ALI Alias Kimaliza on the night of 14th day of February 2019 at Magongoni village in Mazola Sub-Location within Kinango Sub-County of Kwale County jointly with others not before court murdered Nyamvula Tsuma.

3. The prosecution called 10 witnesses to support its case. Counsel for the accused persons did not file submissions on no case to answer. From the evidence of the 10 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 12TH DAY OF OCTOBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Wairagu Advocate for the 1st AccusedMr. Wairagu H/B for Ms. Oyier Advocate for the 2nd AccusedMr. Wairagu H/B for Mr. Mokaya Advocate for the 3rd AccusedMr. Wairagu H/B for Mr. Odundo Advocate for the 4th Accused1st Accused, 2nd Accused, 3rd Accused, and 4th Accused present in personHon. Lady Justice A. Ong’injoJudgeCourt: Section 211 of the CPC explained to accused persons and they repliedMr. Wairagu: We can take a date in a month’s timeOrder: Defence hearing on 20. 11. 2023