Republic v Omondi [2023] KEHC 23334 (KLR)

Republic v Omondi (Criminal Case 43 of 2017) [2023] KEHC 23334 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23334 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 43 of 2017

A. Ong’injo, J

October 5, 2023

Between

Republic

Prosecutor

and

Stephen Omondi

Accused

Ruling

1. The accused Stephen Omondi 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 Stephen Omondi on the 17th day of October 2017 at around 10. 00 pm along old Mombasa Nairobi highway in Changamwe Sub-County within Mombasa County murdered Jackson Mwangi Kihoro.

3. The prosecution called 8 witnesses to support its case and from the evidence of the 8 prosecution witnesses, this court finds that a prima facie case 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 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Magolo, J. Advocate for the AccusedAccused present in personHOn. Lady Justice A. Ong’injoJudgeMr. Magolo: I request for defence hearing date. Accused will indicate mode of defence later.Order: Defence hearing on November 10, 2023HON. LADY JUSTICE A. ONG’INJOJUDGE