High Court 1748 of 2021

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 1 OF 2019 REPUBLIC............................................................................................PROSECUTOR -VERSUSSULEIMAN CHIPHORO Alias DIMAU............................................1 st ACCUSED ALI SULEIMAN CHIPHORO............................................................2 nd ACCUSED RULING 1. The accused persons Suleiman Chiphoro alias Dimau and Ali Suleiman Chiphoro face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap63 Laws of Kenya. 2. The particulars are that on the 10 th day of January 2019 at Kikonde village in Kwale County, within coastal region jointly with another not before court murdered Josephat Karua Wainaina. The prosecution called 10 witnesses to support its case that the accused persons committee 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 ten 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 11th day of November 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel- Court Assistant Mr. Mulamula for the State Mr. Magolo for the Accused Persons Accused 1 present in person Accused 2 present in person Hon. Lady Justice A. Ong’injo Judge COURT

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