Republic v Mwanzia [2023] KEHC 24568 (KLR)

Republic v Mwanzia (Criminal Case 1 of 2017) [2023] KEHC 24568 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24568 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 1 of 2017

A. Ong’injo, J

October 12, 2023

Between

Republic

Prosecutor

and

Mutua Mwanzia

Accused

Ruling

1. The accused Mutua Mwanzia faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal CodeCap 63 Laws of Kenya.

2. Particulars of the offence are that Mutua Mwanzia on the 13th day of May 2016 at around 8. 00 am at Ushindi area in Likoni Sub-County within Mombasa County murdered Mary Wanjiku Waweru.

3. The prosecution called 13 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. From the evidence of the 13 prosecution witnesses, this court finds that a prima faciecase 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, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Amadi Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC explained to the accused and he replies.Accused: I will consult my lawyer first before I decide how to defend myself.Order: Defence hearing on November 14, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEOctober 12, 2023