Republic v Kwira (Criminal Case E003 of 2023) [2024] KEHC 3137 (KLR) (14 March 2024) (Ruling) Neutral citation: [2024] KEHC 3137 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E003 OF 2023 ACA ONG’INJO, J MARCH 14, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND HENRY THUKU KWIRA ........................................................................... ACCUSED RULING 1. The accused person Henry Thuku Kwirafaces 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 Henry Thuku Kwiraon 6th day of January 2023 at Mtongwe Location, Likoni Sub County within Mombasa County murdered Esnas Ipale Imwana. 3. The prosecution called 14 witnesses to support its case that the accused person committed the ofience herein and the matter was reserved for ruling. 4. From the evidence of the 14 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 14TH DAY OF MARCH 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Etropia- Court Assistant Mr. Ngiri for the State https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3137/eng@2024-03-14 1
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Mr. Weloba Advocate for the Accused Person Accused present in person HON. LADY JUSTICE A. ONG’INJO JUDGE Court: Accused person informed that he can elect to defend himself by sworn statement, unsworn statement or not to say anything. Mr. Weloba Advocate: I pray for defence hearing date when accused will elect how to defend himself. Order: Defence hearing on 26.6.2024 HON. LADY JUSTICE A. ONG’INJO JUDGE 14.3.2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3137/eng@2024-03-14 2
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