Republic v Jeffa & 2 others [2022] KEHC 17040 (KLR)

Republic v Jeffa & 2 others (Criminal Case E014 of 2020) [2022] KEHC 17040 (KLR) (22 December 2022) (Ruling)

Neutral citation: [2022] KEHC 17040 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E014 of 2020

A. Ong’injo, J

December 22, 2022

Between

Republic

Prosecutor

and

Mwenyeheri Mgele Jeffa

1st Accused

Shadrack Nyiro Rasi

2nd Accused

Bernard Masai Mwangeka

3rd Accused

Ruling

1. The accused persons Mwenyeheri Mgele Jeffa, Shadrack Nyiro Rasi and Bernard Masai Mwangeka face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.

2. The particulars are that Mwenyeheri Mgele Jeffa, Shadrack Nyiro Rasi and Bernard Masai Mwangeka on the 19th day of October 2020 at Kiwegu Village in Vanga Location, Lungalunga Sub-County within Kwale County murdered Mwalewa Jeffa. The prosecution called 12 witnesses to support its case that the accused persons committee the offence herein. Counsels for the accused persons filed submissions and the matter was reserved or ruling.

3. From the evidence of the twelve witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.

Dated, signed and delivered in Open Court/online through MS TEAMS,this 22nd day of December 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Were Advocate for 1st AccusedMs. Atieno Advocate holding brief for Mr. Otwoma for 2nd AccusedMS. Atieno Advocate for 3rd Accused1st Accused and 2nd Accused Present in person and on bond3rd Accused present in person and in custodyHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Were Advocate: We can take a date for hearingOrders: Defence Hearing on 20. 2.2023HON. LADY JUSTICE A. ONG’INJOJUDGE