Republic v Rodgers David Mwamodenyi & 1 other

Republic v Mwamodenyi & another (Criminal Case E023 of 2022) [2024] KEHC 228 (KLR) (18 January 2024) (Ruling) Neutral citation: [2024] KEHC 228 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E023 OF 2022 ACA ONG’INJO, J JANUARY 18, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND RODGERS DAVID MWAMODENYI ................................................... 1ST ACCUSED KEDOGO EVANS KALO ...................................................................... 2ND ACCUSED RULING 1. Rodgers David Mwamodenyi and Kedogo Evans Kalo are jointly charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. 2. The particulars are that on the night of 16th and August 17, 2022 at Kwa Punda area, in Jomvu Sub-County within Mombasa County jointly with others not before court murdered Rose Akinyi Osumba. 3. The prosecution called 12 witnesses to support its case. Only counsel for the 1st accused person filed submissions on no case to answer. From the evidence of the 12 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 18TH DAY OF JANUARY 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Etropia- Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/228/eng@2024-01-18 1

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