Republic v Mwachiungu [2023] KEHC 23333 (KLR)

Republic v Mwachiungu (Criminal Case 16 of 2019) [2023] KEHC 23333 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23333 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 16 of 2019

A. Ong’injo, J

October 5, 2023

Between

Republic

Prosecutor

and

Mwinyi Hamisi Mwachiungu

Accused

Ruling

1. The accused Mwinyi Hamisi Machiungu faces a charge of murder contrary to section 203 as read together with section 204 of the Penal Code.

2. Particulars of the offence are that Mwinyi Hamisi Machiungu on the night of 30th and 31st day of December 2018 at Consolata Area in Likoni Sub-County within Mombasa County murdered Faith Kawira. The prosecution called 6 witnesses to support its case. Counsel for the accused person did not file submissions.

3. From the evidence of the 6 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 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Otwoma Advocate for the Accused – No appearanceAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 10. 11. 2023. Registry to issue notice to Mr. Otwoma Advocate for the accused.HON. LADY JUSTICE A. ONG’INJOJUDGE5. 10. 2023