Republic v Mumba [2023] KEHC 20296 (KLR)

Republic v Mumba (Criminal Case E018 of 2022) [2023] KEHC 20296 (KLR) (6 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20296 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E018 of 2022

A. Ong’injo, J

July 6, 2023

Between

Republic

Prosecutor

and

Happy Mwenda Mumba

Accused

Ruling

1. The accused Happy Mwenda Mumba 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 Happy Mwenda Mumba on the 7th day of July 2022 at Bombo Area in Kisauni sub-county within Mombasa County murdered Alvin Mumba. The prosecution called 8 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer.

3. From the evidence of the 8 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. She has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 6TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Were Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPCexplained to the accused person.Mr. Were: We can have a date for defence hearing. The accused will give sworn testimony.Orders: Defence hearing on July 21, 2023HON. LADY JUSTICE A. ONG’INJOJUDGE