REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. 12 OF 2020 REPUBLIC………………………………………………….PROSECUTOR -VERSUSKAULY DZOMBO KITTI……………………………………….ACCUSED RULING 1. The accused Kauly Dzombo Kitti is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code. 2. The particulars are that Kauly Dzombo Kitti on the 11 th day of May 2020 at Vivesi village in Kizingo Sublocation, Chonyi Sub-County within Kilifi County jointly with others not before court murdered Gabriel Munga Mwaidza. 3. The prosecution tendered evidence of 6 witnesses who according to this court raised a prima facie case sufficient to call upon the accused person herein to answer to. The accused has a case to answer and is placed on his defence. Dated, signed and delivered in open court this 8th day of March 2022 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel - Court assistant Ms. Ongeti for state Mr. Were Advocate hold brief for Mr. Okanga Advocate Accused – Present in person Hon. Lady Justice A. Ong’injo J 8/03/2022 Mr. Were Advocate We can take a date for hearing. Accused will give sworn evidence and will not call any witness. Order Defence hearing – 7/4/2022 Hon. Lady Justice A. Ong’injo J
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