PW3 opened the gate for them and they went upstairs. PW3 testified that the accused went back at 3.00 am in a red car. PW3 locked the gate and went back to his sitting area.ħ. The accused informed him that he was coming back.
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They walked down together and he let the accused out. The accused asked him to open the gate for him. He identified the said man as the accused. That night at about 2.00 am, he saw a man walking down the stairs from the residential area. He was required to lock the gate at 11.00 pm and open it at 4.00 am. He was guarding the gate which led to the residential houses.
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PW3 stated that the building hosted Barclay Bank on ground floor and residential houses on the upper floors. PW3, Ndungu Gichu, testified that on 30 th May 2008, his friend who was employed as the night guard at Mount Kenya Building, one Ndichu, asked him to stand in for him that night as he had to travel home urgently. PW1, PW2 and PW3 told the court that they did not see any reason why the deceased would commit suicide.Ħ. PW1 and PW2 saw a suicide note inscribed on the bathroom wall with the names of PW1’s other children written on the wall. The three of them went to Kamukunji Police Station and were taken to the deceased’s house by the police. PW9, an aunt to the deceased, joined them in Nairobi. PW1 travelled to Nairobi accompanied by his brother, PW2. A few days later, he was informed by the police that his daughter had committed suicide and that her body was found dangling in her house.ĥ. He stated that she travelled back to Nairobi on 27 th May 2008. She informed him that she had gotten a new job in Dubai and was preparing to travel there. He told the court that the deceased had travelled to see him in Kericho. PW1, Edward Kiplangat, is the deceased’s father. The facts of this case according to the prosecution witnesses are that the deceased was found dead in her apartment at Mount Kenya Flats. The case was heard with the prosecution calling fourteen (14) witnesses. I thought it was important to give that background information into the case to explain the reason why the case took so long to hear and finalize.Ĥ. The date was not given until 30 th July, 2018 as the court sought to have counsel appointed to represent the accused in the matter. ordered that new dates for the hearing of the case be taken before the Presiding Judge of the Division.
Criminal case pacific bay release date trial#
This was after the stay order suspending the trial of the case by Ombijah, J. The accused appeared before me for purposes of fixing hearing dates. The next date the matter was handled after that was on the 15 th May, 2018. 36 of 2010, which was one of the other two cases facing the accused.ģ. (as he then was) in an order made in Milimani Criminal Case No. Instead the file was stayed by Ombijah, J. (as he then was) fixing a mention date in the matter for 3 rd October, 2011. The last order was made on 6 th July, 2011 by Ombija, J. The case did not proceed on those dates neither was it heard on subsequent dates fixed for the hearing of the case. The case was set for hearing on 22 nd to 25 th February 2011. He was not required to plead to the charge awaiting Mental Assessment which was finally done and on the 19 th July, 2008 the charge was read to him and he pleaded not guilty to the charge. The accused was arraigned before this court on the 18 th June 2008.
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“Philip Ondara Onyancha: On the 30 th day of May, 2008 at Mount Kenya Building along Kombo Munyiri Road in Nairobi within Nairobi Province murdered Jackline Chepngetich Misoi.”Ģ. The accused, Philip Ondara Onyancha, was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.