Republic v Karisa & another [2024] KEHC 2786 (KLR)

Republic v Karisa & another (Criminal Case 2 of 2018) [2024] KEHC 2786 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 2786 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 2 of 2018

A. Ong’injo, J

March 14, 2024

Between

Republic

Prosecutor

and

Hamisi Hare Karisa

1st Accused

Said Mwamuye Mwalongo

2nd Accused

Ruling

1. The accused persons Hamisi Hare Karisa and Said Mwamuye Mwalongo 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 Hamisi Hare Karisa and Said Mwamuye Mwalongo on the 7th day of January 2018 at around 3. 00 am at Nyali Centre Area in Kisauni Sub-County, within Mombasa County jointly with others not before court murdered David Wokabi Kamau.

3. The prosecution called 8 witnesses to support its case that the accused person committed the offence herein. Counsels for the accused persons filed submissions on no case to answer and the matter was reserved for ruling.

4. From the evidence of the 8 prosecution 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 14TH DAY OF MARCH 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Wachenje Advocate for the 1st Accused PersonMr. Odundo Advocate for the 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 20. 6.2024. HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024