Republic v Mamanja & 2 others (Criminal Case 40 of 2018) [2023] KEHC 608 (KLR) (9 February 2023) (Ruling) Neutral citation: [2023] KEHC 608 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 40 OF 2018 ACA ONG’INJO, J FEBRUARY 9, 2023 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND KALONGO TSIMBA MAMANJA ........................................................ 1ST ACCUSED NGALA LWAYO NGOLO ..................................................................... 2ND ACCUSED KAZUNGU MWARUWA GARERO .................................................... 3RD ACCUSED RULING 1. The accused persons Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero face a charge of murder contrary to section 203 as read with section 204 of the Penal Code cap 63 of the laws of Kenya. 2. The particulars are that Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero on the July 13, 2018 at 1100hrs at Shika Adabu in Rabai Location of Rabai Sub-County within Kilifi County jointly murdered Chisubi Dzaya Nyenjere. 3. The prosecution called 5 witnesses to support its case that the accused committee the ofience herein. Counsels for the accused persons did not file submissions and the matter was reserved or ruling. 4. From the evidence of the five witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 9TH DAY OF FEBRUARY 2023 HON. LADY JUSTICE A. ONG’INJO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/608/eng@2023-02-09 1
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In the presence of: Ogwel- Court Assistant Mr. Ngiri for the State Mr. Chamwada Advocate for the 1st Accused - Present Mr. Egunza Advocate holding brief for Mr. Ochieng’ Advocate for the 2nd Accused Mr. Chamwada Advocate holding brief for Mr. Ajigo Advocate for the 3rd Accused No appearance for 1st Accused No appearance for 2nd Accused 3rd Accused present in person HON. LADY JUSTICE A. ONG’INJO JUDGE Mr. Chamwada Advocate We pray for a date for defence. I will consult my clients to confirm how they will defend themselves. Mr. Egunza Advocate Mr. Ochieng’s client will elect on hearing date how they want to testify. Order: Defence hearing on 6th March 2023. HON. LADY JUSTICE A. ONG’INJO JUDGE 9th February 2023 https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/608/eng@2023-02-09 2
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