Republic v Srn

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 15 OF 2018 REPUBLIC.....................................................................................PROSECUTOR VERSUS SRN.........................................................................................................ACCUSED RULING 1. The accused SRN is charged with offence of murder contrary to Section 203 as read with Section 204 of the penal code Chapter 063 of the Laws of Kenya. 2. Particulars are that Sammy Ronald Ndegwa on the 7th day of April 2018 at around 08.00hrs at [particulars withheld] area of Miritini, Jomvu Sub-County within Mombasa County murdered Hamisi Said Nyawa Nyota. 3. The prosecution tendered evidence of 11 witnesses to prove that accused murdered his brother. This court finds that in consideration of the accused persons poor mental health he could not have had malice aforethought in committing the offence. It came out that he stabbed his brother who tried to restrain him from going to attack a 3rd party. 4. This court therefore finds that a prima facie case has been established for the offence of manslaughter. Accused is therefore place on defence. DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH 2022 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: OGWEL- COURT ASSISTANT MR. NGIRI FOR STATE MS. OYIER ADVOCATE FOR ACCUSED ACCUSED – PRESENT IN PERSON

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