Republic v Mugandi [2023] KEHC 25468 (KLR)

Republic v Mugandi (Criminal Case E008 of 2023) [2023] KEHC 25468 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25468 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E008 of 2023

A. Ong’injo, J

November 16, 2023

Between

Republic

Prosecutor

and

Mgandi Mambo Mugandi

Accused

Ruling

1. The accused person Mgandi Mambo Mugandi faces 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 Mgandi Mambo Mugandi on the 4th day of February 2023 at Mwashanga Village in Mwatate Location, Mavirivirini Area in Samburu Sub-County within Kwale County murdered Ngandu Chiboko.

3. The prosecution called 11 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person did not file submissions and the matter was reserved or ruling.

4. From the evidence of the 11 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri for the StateMs. Munyari Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE16. 11. 2023