Republic v Nagib alias Majid [2023] KEHC 20486 (KLR)

Republic v Nagib alias Majid (Criminal Case E002 of 2022) [2023] KEHC 20486 (KLR) (13 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20486 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E002 of 2022

A. Ong’injo, J

July 13, 2023

Between

Republic

Prosecutor

and

Abdul Majid Nagib Alias Majid

Accused

Ruling

1. The accused Abdul Majid Nagibalias Majidfaces 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 Abdul Majid Nagibalias Majidon an unknown date betweem December 16, 2021 and December 18, 2021 at Bondeni area in Mvita sub-county within Mombasa County murdered Nagib Abdalla Fate.

3. The prosecution called 9 witnesses to support its case. Counsel for the accused person filed submissions. From the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient 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 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Obonyo Advocate for the AccusedAccused present in person in Shimo la TewaHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC complied withMr. Obonyo Advocate: I pray for a close defence hearing date. We shall present 3 witnesses. 2 of the witnesses will testify virtually from Dubai.Order: Defence hearing on 20. 7.2023 at 12. 00 noon**HON. LADY JUSTICE A. ONG’INJOJUDGE13. 7. 2023