Republic v Kombe (Criminal Case E008 of 2022) [2024] KEHC 3138 (KLR) (14 March 2024) (Ruling) Neutral citation: [2024] KEHC 3138 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E008 OF 2022 ACA ONG’INJO, J MARCH 14, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND MOSES YERI KOMBE .................................................................................. ACCUSED RULING 1. The accused person Moses Yeri 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 Moses Yeri Kombe on 10th day of January 2022 at Kashani Area in Kisauni Sub-County within Mombasa County jointly with another not before court murdered Dalmas Adwet Winyo. 3. The prosecution called 10 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 10 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/2024/3138/eng@2024-03-14 1
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Mr. Chacha Mwita Advocate for the Accused Person Accused present in person HON. LADY JUSTICE A. ONG’INJO JUDGE Court: Accused informed on how he can defend himself. Mr. Chacha Advocate: Accused will tender sworn statement and call one witness. Order: Defence hearing on 25.6.2024 HON. LADY JUSTICE A. ONG’INJO JUDGE 14.3.2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3138/eng@2024-03-14 2
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