Republic v Ambrose Mzera Malunju

Republic v Malunju (Criminal Case 4 of 2019) [2024] KEHC 1648 (KLR) (21 February 2024) (Ruling) Neutral citation: [2024] KEHC 1648 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 4 OF 2019 DKN MAGARE, J FEBRUARY 21, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND AMBROSE MZERA MALUNJU ................................................................. ACCUSED RULING 1. Ambrose Mzera Malunju was charged that on 27/1/2019 at Golini Location Matuga Sub county within Kwale County murdered Renson Mwasingo Mwangemi. 2. On 23/10/2023 parties took direction before Honourable Lady Justice Ongi’ijo under Section 200 of the Criminal Procedure Code to proceed from where the matter had reached. 3. Earlier, 6 witnesses had testified for the Prosecution. On 28th November, 2023 during the further hearing of the Prosecution’s case, I heard and recorded the evidence of PW7, PW8 and Pw9. Thereafter, a total of 9 witnesses testified for the Prosecution. 4. I have perused the Court file, and exhibits, where the 9 witnesses testified. I am satisfied that the prosecution has established a prima facie evidence to enable the Court to call the Accused to defend himself. I consider the evidence on record sufficient to call upon the Accused to defend himself. I therefore find that the Accused have a case to answer. I put the Accused person on his defence in accordance with Section 306 of the Criminal Procedure Code. DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 21ST DAY OF FEBRUARY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM. KIZITO MAGARE JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1648/eng@2024-02-21 1

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