Republic v Kiti & 2 others [2023] KEHC 26005 (KLR)

Republic v Kiti & 2 others (Criminal Case 5 of 2017) [2023] KEHC 26005 (KLR) (23 November 2023) (Ruling)

Neutral citation: [2023] KEHC 26005 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 5 of 2017

DKN Magare, J

November 23, 2023

Between

Republic

Prosecutor

and

Chilango Kalama Kiti

1st Accused

Kiti Ngombo Tinga

2nd Accused

Ziro Lewa Ndugo

3rd Accused

Ruling

1. The two Chilango Kalama Kiti, Kiti Ngombo Tinga and Ziwa Lewa Ndugo were charged that on the night of 22/23/1/2017 at Gambini Village Chonyi Division within Kilifi County murdered Daniel Nzai Kombe.

2. This matter proceeded before Justice Njoki Mwangi. On 3/11/2023 she returned the file that she can no longer proceed. The Presiding Judge assigned me the file on 9/11/2023. I fixed the mater for directions on 23/11/2023.

3. On 23/11/2023 parties took direction under section 200 of the Criminal P Procedure Code to proceed from where the mater had reached. I have perused the court file, and exhibits, where 15 witnesses testified. I am satisfied that the prosecution has prima facie evidence to enable the court to call the Accused to defend themselves. I consider the evidence on record sufficient to call upon Accused 1, 2 and 3 to defend themselves. I therefore find the accused have a case to answer. I put all the 3 Accused person on their defence in according to section 306 of the Criminal Procedure Code.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT MOMBASA ON THIS 23RD DAY OF NOVEMBER, 2023. KIZITO MAGAREJUDGEIn the presence of: -Mr. Were for Lijoodi for the Accused personsMs Anyumba for Ms NyawindaSgt. Fredrick Wale*All Accused presentCourt Assistant – BrianM.D. KIZITO, J.