Republic v Shume & another [2023] KEHC 25511 (KLR)

Republic v Shume & another (Criminal Case E024 of 2022) [2023] KEHC 25511 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25511 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E024 of 2022

A. Ong’injo, J

November 16, 2023

Between

Republic

Prosecutor

and

Henry Mwasambu Shume

1st Accused

Dickson Mzungu Shume

2nd Accused

Ruling

1. The accused persons Henry Mwasambu Shume and Dickson Mzungu Shume face 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 Henry Mwasambu Shume and Dickson Mzungu Shume on the August 22, 2022 at Mbuyuni Village, Chasimba Location within Kilifi County jointly murdered Mwasambu Mwarabu Runya.

3. The prosecution called 8 witnesses to support its case that the accused persons committed the offence herein. Counsels for the accused persons filed submissions and the matter was reserved or ruling.

4. From the evidence of the 8 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nyawira H/B for Ms. Barayan Advocate for the 1st AccusedMs. Nyawira Advocate for the 2nd AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMs. Nyawira: We can have a defence hearing date. They will give sworn evidence. I pray for a date in early January 2024. Orders: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE16. 11. 2023