Republic v Kauly Dzombo Kitti [2022] KEHC 1562 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 12 OF 2020

REPUBLIC………………………………………………….PROSECUTOR

-VERSUS-

KAULY DZOMBO KITTI……………………………………….ACCUSED

R U L I N G

1. The accused Kauly Dzombo Kitti is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.

2. The particulars are that Kauly Dzombo Kitti on the 11th day of May 2020 at Vivesi village in Kizingo Sublocation, Chonyi Sub-County within Kilifi County jointly with others not before court murdered Gabriel Munga Mwaidza.

3. The prosecution tendered evidence of 6 witnesses who according to this court raised a prima facie case sufficient to call upon the accused person herein to answer to.    The accused has a case to answer and is placed on his defence.

Dated, signedand delivered in open court this 8th day of March 2022

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:-

Ogwel - Court assistant

Ms. Ongeti for state

Mr. Were Advocate hold brief for Mr. Okanga Advocate

Accused – Present in person

Hon. Lady Justice A. Ong’injo J

8/03/2022

Mr. Were Advocate

We can take a date for hearing.  Accused will give sworn evidence and will not call any witness.

Order

Defence hearing – 7/4/2022

Hon. Lady Justice A. Ong’injo J

8/03/2022