Republic v Kombe (Criminal Case E005 of 2023) [2024] KEHC 2543 (KLR) (7 March 2024) (Ruling) Neutral citation: [2024] KEHC 2543 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E005 OF 2023 ACA ONG’INJO, J MARCH 7, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BARAKA KOMBE ........................................................................................ ACCUSED RULING 1. The accused Baraka Kombe faces 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 Baraka Kombe on the 25th day of November 2022 at Kijipwa Area in Kilifi Sub-County within Kilifi County murdered Tabu Mwembe. 3. The prosecution called 8 witnesses to support its case that the accused person committed the ofience herein. Counsel for the accused person filed submissions on no case to answer and the matter was reserved for ruling. 4. From the evidence of the 8 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 7TH DAY OF MARCH 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Ogwel- Court Assistant Mr. Ngiri for the State https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2543/eng@2024-03-07 1
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Mr. Mwawasi Advocate for the Accused Person Accused present in person Mr. Mwawasi Advocate: We can take a date for defence hearing. We shall confirm whether the accused will give sworn or unsworn evidence. Order: Defence hearing on 24.5.2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/2543/eng@2024-03-07 2
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