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Original judgment

High Court 2775 of 2022

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT VOI CRIMINAL CASE NO. 7 OF 2018 REPUBLIC................PROSECUTOR -VERSUSMWABILI KIRIGHA.......ACCUSED RULING 1. The accused person Mwabili Kirigha 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 on the night of 7 th October 2018 at Chunga Unga village in Mwatate sub-county within Taita Taveta County unlawfully assaulted Christopher Mwatabu Mpate resulting in his death on the 9 th day of October 2018. The prosecution called 6 witnesses to support its case that the accused person committee the offence herein. 3. Having considered the evidence of the prosecution witnesses, this court is convinced that a prima facie case has been established sufficient to call upon the accused to answer to the charge. He is placed on defence. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 27 TH DAY OF JANUARY, 2022 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel- Court Assistant Mr. Mulamula holding brief for Mr. Simbi for the State Mr. Musioma Advocate for the Accused Person Accused present in person from Manyani Prison Order: Defence hearing on 12.5.2022. The Deputy Registrar to arrange for proceedings to be typed. HON. LADY JUSTICE A. ONG’INJO JUDGE

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