Republic v Ibrahim Tawa [2021] KEHC 3235 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 14 OF 2019

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

-VERSUS-

IBRAHIM TAWA........ACCUSED

RULING

1. The accused Ibrahim Tawa faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Chapter 63 of the Laws of Kenya.

2. The particulars are that on the 16th day of August 2019 at Kakokeni Village in Rabai Sub-county, within Kilifi County jointly with others not before court murdered Tawa Hedimed Munga. The prosecution called 6 witnesses to support its case that the accused committee the offence herein. The Prosecution Counsel and Counsel for the accused filed submissions and the matter was reserved for ruling.

3. From the evidence of the six witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF OCTOBER 2021

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:-

Ben- Court Assistant

Ms. Mwangeka for the State

Mr. Ochieng’ for the Accused

HON. LADY JUSTICE A. ONG’INJO

JUDGE