Case ID:179718

Republic v Desmond Ashioya Katibi [2021] eKLR

Case Metadata

Case Number:

Criminal Case 45 of 2017

Parties:

Republic v Desmond Ashioya Katibi

Date Delivered:

22 Jul 2021

Case Class:

Criminal

Court:

High Court at Mombasa

Case Action:

Ruling

Judge(s):

Anne Colleta Apondi Ong’injo

Citation:

Republic v Desmond Ashioya Katibi [2021] eKLR

Advocates:

Ms. Karanja for Respondent

Ms. Odhiang hold brief for Ms. Matara Advocate for accused

Court Division:

Criminal

County:

Mombasa

Advocates:

Ms. Karanja for Respondent

Ms. Odhiang hold brief for Ms. Matara Advocate for accused

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 45 OF 2017

REPUBLIC..............................................................................................PROSECUTOR

VERSUS

DESMOND ASHIOYA KATIBI.....................................................................ACCUSED

R U L I N G

1. The accused Desmond Ashioya Katibi is charged with offence of Murder contrary to Section 203 as read with section 204 of the Penal Code.

2. Particulars are that Desmond Ashioya Katibi on an unknown dates and time at Kaa Chonjo Slums within Tudor area in Mombasa City within Mombasa County murdered Margret Awino. Prosecution tendered evidence of 5 witnesses in support of charge of murder against the accused and submitted that offence has been proved and accused should be placed on defence. The accused person’s counsel did not file submissions and matter was reserved for ruling.

3. Having considered the prosecution witnesses’ evidence this court has come to the conclusion that a

prima facie

case has been established sufficient to call upon accused person to defend himself.

4. He has a case to answer

Dated, signed

and

delivered

in

Open Court /online

through

MS TEAMS,

this

22

nd

day of

July, 2021

HON. LADY JUSTICE A. ONG’INJO

JUDGE

In the presence of

:-

Ogwel – Court assistant

Ms. Karanja for Respondent

Accused – present in person

Ms. Odhiang hold brief for Ms. Matara Advocate for accused

Hon. Lady Justice A. Ong’injo

Judge

MS. ODHIANG

We request for a date for defence hearing.

Hon. Lady Justice A. Ong’injo

Judge

COURT

Provisions of Section 211 Criminal Procedure Code explained to accused.

Hon. Lady Justice A. Ong’injo

Judge

ACCUSED

I will decide after discussing with my lawyer.

ORDER

Defence hearing – 14/09/2021

Hon. Lady Justice A. Ong’injo

Judge