[2022] KEHC 11718 (KLR)
The court found that the prosecution, having called eleven witnesses, had established a prima facie case against the accused, Jaji Benzingo, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence. The court complied with the provisions of Section 211 of...
Source-derived case information.
- Citation
- [2022] KEHC 11718 (KLR)
- Parties
- Applicant: Republic; Defendant: Jaji Benzingo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Case
- 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Jaji Benzingo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence presented 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 eleven witnesses, had established a prima facie case against the accused, Jaji Benzingo, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on his defence. The court complied with the provisions of Section 211 of the Criminal Procedure Code, informing the accused of his rights, and directed that the defence hearing be scheduled. The ruling was based on the legal standard that if the prosecution's evidence is sufficient to establish a prima facie case, the accused must be called upon to answer the charge.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 6/7/2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Benzingo (Criminal Case E002 of 2021) [2022] KEHC 11718 (KLR) (9 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11718 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E002 of 2021
A. Ong’injo, J
June 9, 2022
Between
Republic
Prosecution
and
Jaji Benzingo
Accused
Ruling
1. The accused Martin Jaji Benzingo is charged with the offence of Murder contrary to section 203 as read with section 204 of the PenalCode.
2. The particulars of the offence are that on February 11, 2021at Mwele village, Mwaluphamba location within Matuga Sub-County within Kwale County murdered Ramadhan Hashim.
3. Having heard the evidence of the eleven (11) prosecution witnesses, I find that a prima facie case has been raised against the accused and he has a case to answer. He is placed on his defence.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 9TH DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel - Court assistantMr. Ngiri for stateAccused – present in personMr. Motuka Advocate for accused.Hon. Lady Justice A. Ong’injo J09/06/2022CourtProvisions of Section 211 Criminal Procedure Code complied with.Mr. Motuka AdvocateAccused will give sworn statement.OrderDefence hearing – 6/7/2022. Hon. Lady Justice A. Ong’injo J09/06/2022