Republic v Nyundo Mwatsuma Mteso [2022] KEHC 1285 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 20 OF 2018

REPUBLIC..............................................................................PROSECUTOR

VERSUS

NYUNDO MWATSUMA MTESO ..............................................ACCUSED

RULING

1.  The accused person Nyundo Mwatsuma Mteso faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.

2. The particulars are that Nyundo Mwatsuma Mteso on the 25th day of April 2018 at Bejidodo Village in Samburu Location within Kwale County murdered Nyevu Mwembe Ndoro. The prosecution called 8 witnesses to support its case that the accused person committed the offence herein. Defence did not file submissions for no case to answer and the matter was reserved or ruling.

3. From the evidence of the eight witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend himself. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 17TH DAY OF MARCH 2022

HON. LADY JUSTICE A. ONG’INJO

JUDGE

IN THE PRESENCE OF: -

OGWEL- COURT ASSISTANT

MR. NGIRI FOR THE STATE

MS. NYAWIRA HOLDING BRIEF FOR MS. NZAMBA FOR THE ACCUSED PERSON

ACCUSED PRESENT IN PERSON

HON. LADY JUSTICE A. ONG’INJO

JUDGE

MS. NYAWIRA ADVOCATE: ACCUSED WILL GIVE SWORN EVIDENCE. WE CAN TAKE A HEARING DATE FOR DEFENCE. MS. NZAMBA WILL CONFIRM THE NUMBER OF WITNESSES.

ORDER: DEFENCE HEARING ON 26. 5.2022.

17. 3.2022