Republic v Ruwa Mwaruwa Chidanga [2021] KEHC 2232 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 5 OF 2020

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

-VERSUS-

RUWA MWARUWA CHIDANGA .......ACCUSED

R U L I N G

1. The accused person Ruwa Mwaruwa Chidanga 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 on the 22nd day of January 2020 at Vyogato village in Kinango sub-location within Kwale County murdered Nzara Chidemu Mtende. The prosecution called 10 witnesses to support its case that the accused person committee the offence herein. Defence did not file submissions for no case to answer and the matter was reserved for ruling.

3. From the evidence of the ten 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 11TH DAY OF NOVEMBER, 2021

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of:-

Ogwel- Court Assistant

Mr. Mulamula for the State

Mr. Onyango for the Accused Person

Hon. Lady Justice A Ong’injo

Judge