Republic v David Onyango Ochieng

Republic v Ochieng (Criminal Case 26 of 2018) [2023] KEHC 2938 (KLR) (23 March 2023) (Ruling) Neutral citation: [2023] KEHC 2938 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 26 OF 2018 ACA ONG’INJO, J MARCH 23, 2023 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND DAVID ONYANGO OCHIENG .................................................................. ACCUSED RULING 1. The accused David Onyango Ochieng is charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. 2. The particulars are that David Onyango Ochieng on the May 21, 2018 at Shimo – la – Tewa in Kisauni sub-county within Mombasa murdered RuthCaster Katheu Mutuku. 3. The prosecution has tendered the evidence of 8 witnesses. The defence counsel was to file submissions by March 22, 2023 but none has been filed. 4. This court finds that the evidence of the 8 prosecution witnesses raise a prima facie case for the ofience of murder. The accused has a case to answer and is placed on defence. DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 23 DAY OF MARCH 2023 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel- Court Assistant Mr. Ngiri – Counsel for State – Present Accused – https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2938/eng@2023-03-23 1

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