Republic v Mwawasi [2023] KEHC 18133 (KLR)

Republic v Mwawasi (Criminal Case 2 of 2020) [2023] KEHC 18133 (KLR) (31 May 2023) (Ruling)

Neutral citation: [2023] KEHC 18133 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Case 2 of 2020

GMA Dulu, J

May 31, 2023

Between

Republic

Prosecutor

and

Pascal Kilei Mwawasi

Accused

Ruling

1. In this case wherein the accused person is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, the prosecution has called eight (8) witnesses before closing their case.

2. At the close of the prosecution case counsel for the defence and the Director of Public Prosecutions elected to make no submissions on case to answer.

3. Having considered the evidence of the prosecution witnesses on record, I am of the view that the prosecution has established a prima faciecase against the accused person, and that the accused person herein has a case to answer.

4. I thus put the accused person on his defence, and proceed to explain to him the three (3) options available to him in his defence under Section 211 of the Criminal Procedure Code (Cap.75).

DATED, SIGNED AND DELIVERED THIS 31ST DAY OF MAY 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Mr. Sirima for StateMs. Wambura for accusedAccusedMr. Otolo court assistant