Republic v Otieno [2023] KEHC 25472 (KLR)

Republic v Otieno (Criminal Case E025 of 2021) [2023] KEHC 25472 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25472 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E025 of 2021

A. Ong’injo, J

November 16, 2023

Between

Republic

Prosecutor

and

SGT John Otieno

Accused

Ruling

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

2. The particulars are that SGT John Otieno on the 13th day of August 2016 at Uwanja wa Mbuzi area within Kongowea Location within Mombasa County murdered Tony Katana.

3. The prosecution called 19 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person did not file submissions and the matter was reserved for ruling.

4. From the evidence of the 19 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE