Republic v Haward Kevolwe Musanyi & 1 other

Republic v Musanyi & another (Criminal Case E002 of 2023) [2025] KEHC 10481 (KLR) (17 July 2025) (Ruling) Neutral citation: [2025] KEHC 10481 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VIHIGA CRIMINAL CASE E002 OF 2023 JN KAMAU, J JULY 17, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND HAWARD KEVOLWE MUSANYI ........................................................ 1ST ACCUSED MERCY MUSBEGA MADIGA ............................................................. 2ND ACCUSED RULING 1. The 1st and 2nd Accused persons herein were jointly charged with the ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 (Laws of Kenya). The matter was partly heard by Musyoka J. The 1st Accused person pleaded guilty of the ofience and the said learned Judge convicted him on his own plea of guilty. 2. This court became seized of the matter on 7th March 2023 and sentenced the 1st Accused person to life imprisonment. The 2nd Accused person and the Prosecution asked this court to proceed from where the matter had reached. 3. On 8th July 2025, the Prosecution closed its case after calling a total of six (6) Prosecution witnesses. 4. Both the Prosecution and the 2nd Accused person did not file Written Submissions on the question of whether or not the 2nd Accused person had a case to answer or not. They relied on the evidence that had been adduced by Prosecution witnesses. 5. Having carefully considered the evidence by the Prosecution witnesses, the court was of the opinion that a prima facie case had been established against the 2nd Accused person herein to warrant her being put on her defence. She is hereby put on her defence. 6. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10481/eng@2025-07-17 1

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