Republic v Ongalo [2023] KEHC 23292 (KLR)

Republic v Ongalo (Criminal Case 13 of 2019) [2023] KEHC 23292 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23292 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 13 of 2019

A. Ong’injo, J

October 5, 2023

Between

Republic

Prosecutor

and

Brian Otieno Ongalo

Accused

Ruling

1. The accused Brian Otieno Ongalo 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 Brian Otieno Ongalo on the 7th day of July 2019 at Shauri Yako area, Nyali Sub-County within Mombasa County murdered Brian Kavogi Nyaleso.

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: -Mr. Ngiri for the StateMr. Ganzala Advocate for the AccusedAccused present in personORDER: Defence hearing on 10. 11. 2023. Notice to defence counsel by registry.HON. LADY JUSTICE A. ONG’INJOJUDGE