Republic v Kinyili & another [2024] KEHC 3136 (KLR)

Republic v Kinyili & another (Criminal Case 28 of 2017) [2024] KEHC 3136 (KLR) (14 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3136 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 28 of 2017

A. Ong’injo, J

March 14, 2024

Between

Republic

Prosecutor

and

Sabina Wanjala Kinyili

1st Accused

Lodi Muzungu

2nd Accused

Ruling

1. The accused persons Sabina Wanjala Kinyili and Lodi Muzungu 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 Sabina Wanjala Kinyili and Lodi Muzungu on the night of 29th day of May 2017 at Mtwapa Township within Kilifi County in the Republic of Kenya jointly with others not before court murdered Delgrosso Uga.

3. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein and the matter was reserved for ruling.

4. From the evidence of the 6 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: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Njoroge Advocate for the 1st Accused PersonMs. Mbaka Advocate H/B for Ms. Musyoki Advocate for the 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence Hearing on 24. 6.2024HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024