Republic v Mamanja & 2 others [2023] KEHC 608 (KLR)

Republic v Mamanja & 2 others (Criminal Case 40 of 2018) [2023] KEHC 608 (KLR) (9 February 2023) (Ruling)

Neutral citation: [2023] KEHC 608 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 40 of 2018

A. Ong’injo, J

February 9, 2023

Between

Republic

Prosecutor

and

Kalongo Tsimba Mamanja

1st Accused

Ngala Lwayo Ngolo

2nd Accused

Kazungu Mwaruwa Garero

3rd Accused

Ruling

1. The accused persons Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero 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 Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero on the July 13, 2018 at 1100hrs at Shika Adabu in Rabai Location of Rabai Sub-County within Kilifi County jointly murdered Chisubi Dzaya Nyenjere.

3. The prosecution called 5 witnesses to support its case that the accused committee the offence herein. Counsels for the accused persons did not file submissions and the matter was reserved or ruling.

4. From the evidence of the five 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 9TH DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Chamwada Advocate for the 1st Accused - PresentMr. Egunza Advocate holding brief for Mr. Ochieng’ Advocate for the 2nd AccusedMr. Chamwada Advocate holding brief for Mr. Ajigo Advocate for the 3rd AccusedNo appearance for 1st AccusedNo appearance for 2nd Accused3rd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Chamwada AdvocateWe pray for a date for defence. I will consult my clients to confirm how they will defend themselves.Mr. Egunza AdvocateMr. Ochieng’s client will elect on hearing date how they want to testify.Order: Defence hearing on 6th March 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE9th February 2023