Case Metadata |
|
| Case Number: | Criminal Case 15 of 2018 |
|---|---|
| Parties: | Republic v Sammy Ronald Ndegwa |
| Date Delivered: | 24 Mar 2022 |
| Case Class: | Criminal |
| Court: | High Court at Mombasa |
| Case Action: | Ruling |
| Judge(s): | Anne Colleta Apondi Ong’injo |
| Citation: | Republic v Sammy Ronald Ndegwa [2022] eKLR |
| Advocates: | Mr. Ngiri for State Ms. Oyier Advocate for Accused |
| Court Division: | Criminal |
| County: | Mombasa |
| Advocates: | Mr. Ngiri for State Ms. Oyier Advocate for Accused |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Accused person put on his defence |
| 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. 15 OF 2018
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
SRN.........................................................................................................ACCUSED
R U L I N G
1. The accused SRN is charged with offence of murder contrary to Section 203 as read with Section 204 of the penal code Chapter 063 of the Laws of Kenya.
2. Particulars are that Sammy Ronald Ndegwa on the 7th day of April 2018 at around 08.00hrs at [particulars withheld] area of Miritini, Jomvu Sub-County within Mombasa County murdered Hamisi Said Nyawa Nyota.
3. The prosecution tendered evidence of 11 witnesses to prove that accused murdered his brother. This court finds that in consideration of the accused persons poor mental health he could not have had malice aforethought in committing the offence. It came out that he stabbed his brother who tried to restrain him from going to attack a 3rd party.
4. This court therefore finds that a prima facie case has been established for the offence of manslaughter. Accused is therefore place on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of: -
OGWEL- COURT ASSISTANT
MR. NGIRI FOR STATE
MS. OYIER ADVOCATE FOR ACCUSED
ACCUSED – PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO
JUDGE
MS. OYIER ADVOCATE
WE CAN TAKE A DATE FOR DEFENCE HEARING.
Order
DEFENCE HEARING – 2/6/2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
Please Wait. Searching ...