Republic v Mwagawe & 3 others [2024] KEHC 234 (KLR)

Republic v Mwagawe & 3 others (Criminal Case 30 of 2016) [2024] KEHC 234 (KLR) (18 January 2024) (Ruling)

Neutral citation: [2024] KEHC 234 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 30 of 2016

A. Ong’injo, J

January 18, 2024

Between

Republic

Prosecutor

and

Edison Buka Mwagawe

1st Accused

Elias Mrira Kubo

2nd Accused

James Buka Beja alias Modi Masha

3rd Accused

Julius Chengu Makemba

4th Accused

Ruling

1. The accused persons Edison Buka Mwagawe, Elias Mrira Kubo, James Buka Beja alias Modi Masha, and Julius Chengu Makemba face 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 Edison Buka Mwagawe, Elias Mrira Kubo, James Buka Beja alias Modi Masha, and Julius Chengu Makemba on the 29th day of June 2016 at Mbuyuni area of Maereni Location Rabai Sub-County within Kilifi County jointly murdered Lennox Kai Lwembe.

3. The prosecution called 10 witnesses to support its case. Counsel for the accused persons did not file submissions on no case to answer. From the evidence of the 10 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 18TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Wechenje Advocate H/B for Mr. Otieno Advocate for the 1st, 2nd and 3rd Accused PersonsMr. Wechenje Advocate H/B for Mr. Ajigo Advocate for the 4th Accused Person1st Accused present in person2nd Accused present in person3rd Accused present in person4th Accused present in personORDER: Defence hearing on 22. 2.2024. Notice to Mr. Otieno and Mr. Ajigo Advocates.HON. LADY JUSTICE A. ONG’INJOJUDGE18. 1.2024