Republic v Tinga [2023] KEHC 26579 (KLR)

Republic v Tinga (Criminal Case 19 of 2019) [2023] KEHC 26579 (KLR) (11 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26579 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 19 of 2019

A. Ong’injo, J

December 11, 2023

Between

Republic

Prosecutor

and

Omar Issa Tinga

Accused

Ruling

1. The accused person Omar Issa Tinga faces a charge of murder contrary to section 203 as read with section 204 of the Penal Codecap 63 of the Laws of Kenya.

2. The particulars are that Omar Issa Tinga on the 3rd day of September 2019 at Bububu Area in Likoni Sub-County within Mombasa County murdered Charles Musa Tinga.

3. The prosecution called 9 witnesses to support its case that the accused 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 9 prosecution 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 DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nabwana Advocate for the AccusedAccused present in personMs. Nabwana Advocate: We pray for a date for defence hearing. We will call at least 2 witnesses.Order:Defence hearing on 19. 2.2024HON. LADY JUSTICE A. ONG’INJOJUDGE11. 12. 2023