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Original judgment

Republic v Ramathan Tsuma Nyiro Chidzao & 1 other

Republic v Chidzao & another (Criminal Case 7 of 2020) [2024] KEHC 5870 (KLR) (23 May 2024) (Ruling) Neutral citation: [2024] KEHC 5870 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 7 OF 2020 ACA ONG’INJO, J MAY 23, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND RAMATHAN TSUMA NYIRO CHIDZAO ......................................... 1ST ACCUSED KACHE CHANGAWA CHENGO ........................................................ 2ND ACCUSED RULING 1. The accused persons Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoface 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 Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoon the night of 6th July 2018 at Zukurukani Villlage at Kilibasi Sub-Location within Kwale County jointly murdered Saumu Kokoi Nyae. 3. The prosecution called 6 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 6 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 23RD DAY OF MAY 2024. HON. LADY JUSTICE A. ONG’INJO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5870/eng@2024-05-23 1

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In the presence of: Etropia- Court Assistant Mr. Ngiri for the State Mr. Omuya H/B for Mrs. Makuto Advocate for 1st Accused Person Mr. Omuya Advocate for 2nd Accused Person 1st Accused present in person 2nd Accused present in person HON. LADY JUSTICE A. ONG’INJO JUDGE Mr. Omuya: 2nd Accused will give sworn evidence. He can take a date for defence hearing. Order: Defence hearing on 17.6.2024. Notice to Mrs. Makuto Advocate for the 1st Accused. HON. LADY JUSTICE A. ONG’INJO JUDGE 23.5.2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5870/eng@2024-05-23 2

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