Republic v Kinisu [2023] KEHC 24634 (KLR)

Republic v Kinisu (Criminal Case E018 of 2021) [2023] KEHC 24634 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24634 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E018 of 2021

A. Ong’injo, J

October 12, 2023

Between

Republic

Prosecutor

and

Robert Waliaula Kinisu

Accused

Ruling

1. The accused Robert Waliaula Kinisu faces 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 Robert Waliaula Kinisu on an unknown date and time between the 3rd day of May 2021 and 6th May 2021, at Marina Area within Mtwapa Township in Kilifi County murdered Jacqueline Ngina Kitheka.

3. The prosecution called 11 witnesses to support its case. Counsel for the accused person did not file submissions. From the evidence of the 11 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 12TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Mwanzia Advocate for the AccusedAccused present in personSection 211 of the CPC explained to the accused personsMr. Mwanzia Advocate: I will take court’s direction as to defence hearing dateOrder:Defence hearing on 3. 11. 2023HON. LADY JUSTICE A. ONG’INJOJUDGE12. 10. 2023