Republic v Sheir alias ‘Papa [2023] KEHC 25507 (KLR)

Republic v Sheir alias ‘Papa (Criminal Case E006 of 2023) [2023] KEHC 25507 (KLR) (6 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25507 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E006 of 2023

A. Ong’injo, J

November 6, 2023

Between

Republic

Prosecutor

and

Mohammed Sheir Alias ‘Papa

Accused

Ruling

1. The accused person Mohammed Sheir alias ‘Papa’ 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 Mohammed Sheir alias ‘Papa’ on 23rd January 2023 at Kibokoni Old Town area in Mvita Sub-County within Mombasa County murdered Gift Mwangangi.

3. The prosecution called 10 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person filed submissions and the matter was reserved for ruling.

4. From the evidence of the 10 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’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nyawira Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE6. 11. 2023