Republic v Musa [2023] KEHC 24631 (KLR)

Republic v Musa (Criminal Case 44 of 2018) [2023] KEHC 24631 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24631 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 44 of 2018

A. Ong’injo, J

October 12, 2023

Between

Republic

Prosecutor

and

Mwarua Daniel Musa

Accused

Ruling

1. The accused Mwaura Daniel Musa 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 Mwaura Daniel Musa on the evening of 9th September 2018 at Majimoto village, Mamba Location in Lungalunga Sub-County within Kwale County murdered Jackson Musyoka Joseph.

3. The prosecution called 5 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. From the evidence of the 5 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 12TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Kerubo Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 13. 11. 2023. Notice to defence counsel.HON. LADY JUSTICE A. ONG’INJOJUDGE