Republic v Nyale [2023] KEHC 23297 (KLR)

Republic v Nyale (Criminal Case E020 of 2020) [2023] KEHC 23297 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23297 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E020 of 2020

A. Ong’injo, J

October 5, 2023

Between

Republic

Prosecutor

and

Matano Mashungi Mwango Nyale

Accused

Ruling

1. The accused Matano Mashungi Mwango Nyale 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 Matano Mashungi Mwango Nyale on the 6th day of December 2020 at Vipingo Sub-Location within Kilifi County jointly with others not before court murdered Bahati Charo Mwambegu.

3. The prosecution called 6 witnesses to support its case. Counsel for the accused person did not file submissions. From the evidence of the 6 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 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Kinyanjui Advocate for the Accused – No appearanceAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence Hearing on 10. 11. 2020. Registry to issue notice to Mr. Kinyanjui Advocate.HON. LADY JUSTICE A. ONG’INJOJUDGE