REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 58 OF 2018 REPUBLIC…..…………….………………..….….PROSECUTOR VERSUS NYUNDO MWAMUYE NYUNDO………….….……...ACCUSED RULING 1. The accused Nyundo Mwamuye Nyundo faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code. 2. Particulars of the offence are that on the night of 8 th and 9th September 2018 at Mtsengo Village, Mwanamwinga Location at Kilifi County murdered Sidi Gowe Iha. The prosecution called 5 witnesses to support its case. Counsel for the accused person did not file submissions. 3. From the evidence of the 5 prosecution witnesses, this court find that a prima facie case has been established sufficient to place accused on his defence. He has a case to answer. Dated, signed and delivered in Open Court/online through MS TEAMS, this 16th day of September 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Mohamed - Court Assistant Ms. Keya for the State Mr. Muthuri for the Accused HON. LADY JUSTICE A. ONG’INJO JUDGE
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