[2023] KEHC 20475 (KLR)
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused persons, Ali Ahmed Bates and Hussein Omari, for the murder of David Ndegwa. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306(2)...
Source-derived case information.
- Citation
- [2023] KEHC 20475 (KLR)
- Parties
- Applicant: Republic; Defendant: Ali Ahmed Bates; Defendant: Hussein Omari
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2022
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case (case to Answer)
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, 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
Ali Ahmed Bates
Defendant
Hussein Omari
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case (case to Answer)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused persons, Ali Ahmed Bates and Hussein Omari, for the murder of David Ndegwa. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court explained the accused persons' rights under Section 211 of the Criminal Procedure Code and recorded their intention to give sworn evidence. The ruling was limited to determining whether the prosecution's evidence met the threshold for a case to answer, not the final determination of guilt or innocence.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- The accused persons are found to have a case to answer and are placed on their defence.
- Section 211 of the Criminal Procedure Code explained to the accused persons.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Bates & another (Criminal Case E014 of 2022) [2023] KEHC 20475 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20475 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E014 of 2022
A. Ong’injo, J
July 13, 2023
Between
Republic
Prosecutor
and
Ali Ahmed Bates
1st Accused
Hussein Omari
2nd Accused
Ruling
1. The accused persons Ali Ahmed Batesand Hussein Omariface a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the offence are that Ali Ahmed Bates and Hussein Omarion June 22, 2022 at Magram Butchery Area, Jomvu Road, off Jomo Kenyatta Avenue in Mvita Sub-County within Mombasa County murdered David Ndegwa.
3. The prosecution called 5 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMs. Munyari Advocate for the 1st Accused – Mr. Masolia holding briefMr. Masolia Advocate for the 2nd AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 CPC explained to the accused personsMr. Masolia: Ms. Munyari indiated 1st Accused will give sworn evidence and will not call a witness. The 2nd Accused will also give sworn evidenceHON. LADY JUSTICE A. ONG’INJOJUDGE13. 7.2023