Republic v Nyanje Mudowe Matsui Ikuta & 1 other

Republic v Ikuta & another (Criminal Case E022 of 2021) [2024] KEHC 1548 (KLR) (15 February 2024) (Ruling) Neutral citation: [2024] KEHC 1548 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E022 OF 2021 ACA ONG’INJO, J FEBRUARY 15, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND NYANJE MUDOWE MATSUI IKUTA ................................................. 1ST ACCUSED MKALLA MUDOWE MATSUI ............................................................ 2ND ACCUSED RULING 1. The accused persons Nyanje Mudowe Matsui Ikuta And Mkalla Mudowe Matsuiface 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 Nyanje Mudowe Matsui Ikuta And Mkalla Mudowe Matsui on the 1st day of February 2017 at Mwembeni Village of Taru Location, Kinango Sub-County of Kwale County jointly with others not before court murdered Dena Dzaya. 3. The prosecution called 7 witnesses to support its case that the accused person committed the ofience herein. Counsel for the accused persons filed submissions on no case to answer and the matter was reserved for ruling. 4. From the evidence of the 7 prosecution 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 15TH DAY OF FEBRUARY 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1548/eng@2024-02-15 1

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