Republic v Desmond Ashioya Katibi

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 45 OF 2017 REPUBLIC..............................................................................................PROSECUTOR VERSUS DESMOND ASHIOYA KATIBI.....................................................................ACCUSED RULING 1. The accused Desmond Ashioya Katibi is charged with offence of Murder contrary to Section 203 as read with section 204 of the Penal Code. 2. Particulars are that Desmond Ashioya Katibi on an unknown dates and time at Kaa Chonjo Slums within Tudor area in Mombasa City within Mombasa County murdered Margret Awino. Prosecution tendered evidence of 5 witnesses in support of charge of murder against the accused and submitted that offence has been proved and accused should be placed on defence. The accused person’s counsel did not file submissions and matter was reserved for ruling. 3. Having considered the prosecution witnesses’ evidence this court has come to the conclusion that a prima facie case has been established sufficient to call upon accused person to defend himself. 4. He has a case to answer Dated, signed and delivered in Open Court /online through MS TEAMS, this 22nd day of July, 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel – Court assistant Ms. Karanja for Respondent Accused – present in person Ms. Odhiang hold brief for Ms. Matara Advocate for accused Hon. Lady Justice A. Ong’injo Judge MS. ODHIANG We request for a date for defence hearing. Hon. Lady Justice A. Ong’injo

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