[2024] KEHC 227 (KLR)
The court found that the prosecution, having called 20 witnesses, established a prima facie case against the accused, Yunus Athman, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2024] KEHC 227 (KLR)
- Parties
- Applicant: Republic; Defendant: Yunus Athman
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2022
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Yunus Athman
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 211 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called 20 witnesses, established a prima facie case against the accused, Yunus Athman, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused's rights under Section 211 and set the matter for defence hearing, thereby ruling that the accused has a case to answer.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to give sworn statement in defence.
- Defence hearing scheduled for 26th February 2024.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Athman (Criminal Case E011 of 2022) [2024] KEHC 227 (KLR) (18 January 2024) (Ruling)
Neutral citation: [2024] KEHC 227 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E011 of 2022
A. Ong’injo, J
January 18, 2024
Between
Republic
Prosecutor
and
Yunus Athman
Accused
Ruling
1. Yunus Athman was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particulars are that on 10th day of September 2018 at Mwenza Village in Mtongwe Location, Likoni Sub-County within Mombasa County murdered Mbarak Maitha Omar.
3. The prosecution called 20 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. From the evidence of the 20 prosecution witnesses, this court finds that a prima facie case has been established to place the accused person on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 18TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Mr. Ngiri for the StateMr. Wangila & Ms. Seif Advocate for the AccusedMr. Kipkuto Advocate H/B for Mr. Tenge Advocate W/B for IPOAHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Provisions of Section 211 of the CPC explained to the accused in English language and he responds: -Accused: I will give sworn statement.Order: Defence hearing on 26. 2.2024Mr. Wangila: There is a phone make Samsung E52 that was taken from the accused. It was not mentioned or produced. It has an Equitel line that the accused was using for banking. I would appreciate if it is released back.Mr. Kipkuto Advocate: I will convey the message to the investigating officer to produce the phone.Order: Investigating Officer to produce the phone in court on 26. 2.2024 if it will not have been handed over to the accused by then.HON. LADY JUSTICE A. ONG’INJOJUDGE