Republic v Shame [2024] KEHC 1662 (KLR)

Republic v Shame (Criminal Case E012 of 2023) [2024] KEHC 1662 (KLR) (21 February 2024) (Ruling)

Neutral citation: [2024] KEHC 1662 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E012 of 2023

DKN Magare, J

February 21, 2024

Between

Republic

Prosecutor

and

Idris Juma Shame alias Langwaja

Accused

Ruling

1. Idris Juma Shame alias Lagwanja was charged that on 12/12/2022 at Kombani Stage within Matuga Subcounty in Kwale County jointly with others not before Court murdered Rashid Nassir Kilanga.

2. The Accused person took too plea on 16th May 2023 before Honourable Lady Justice Ongi’injo and denied the charge. The plea of not guilty was recorded.

3. On 27/11/2023 the hearing proceeded before me. A total of ten (10) witnesses testified for the Prosecution. I heard and recorded the evidence of Ten witnesses.

4. I have perused the Court file, and exhibits, where the 10 witnesses testified. I am satisfied that the prosecution has established a prima facie evidence to enable the Court to call the Accused to defend himself. I therefore find that the Accused has a case to answer. I put the Accused person on his defence in accordance with Section 306 of the Criminal Procedure Code.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT MOMBASA ON THIS 21ST DAY OF FEBRUARY, 2024. KIZITO MAGAREJUDGEIn the presence of: -Mr. Okuche for the AccusedMiss Nyawinda for the stateAccused presentCourt Assistant – Brian