REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 38 OF 2017 REPUBLIC.........................................................................PROSECUTOR -V/SSAMUEL MALAVA MUKOYANI alias NYANGUMI...........ACCUSED RULING 1. The accused person Samuel Malava Mukoyani alias Nyangumi is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. 2. The particulars are that on the 30th day of August 2017 at Shauri Yako Village in Kisauni Sub-county within Mombasa County murdered Salome Kathambi alia Redempta Kanana. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein. Defence did not file submissions for no case to answer and the matter was reserved or ruling. 3. From the evidence of the six 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 DECEMBER 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Turuki- Court Assistant Mr. Mulamula for the State Mr. Mabil for the Accused – No appearance Hon. Lady Justice A. Ong’injo Judge Order: Defence Hearing 4.2.2022 Notice to Mr. Nabil Advocate Hon. Lady Justice A. Ong’injo Judge 9TH DAY OF
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