[2022] KEHC 12318 (KLR)
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused persons for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. The evidence presented was sufficient to require the accused persons to be put on their...
Source-derived case information.
- Citation
- [2022] KEHC 12318 (KLR)
- Parties
- Applicant: Republic; Defendant: Msafiri Ngala Bulle; Defendant: John Paul Kingola alias Mess
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2018
- Procedural Posture
- Criminal Case / Ruling on 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, 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
Msafiri Ngala Bulle
Defendant
John Paul Kingola alias Mess
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons for the offence of murder.
- 2 Whether the accused persons should be placed on their defence.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused persons for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. The evidence presented was sufficient to require the accused persons to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused persons have a case to answer and should proceed to the defence stage of the trial.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons are placed on their defence.
- Defence hearing scheduled for 22nd July 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Bulle & another (Criminal Case 32 of 2018) [2022] KEHC 12318 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12318 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 32 of 2018
A. Ong’injo, J
June 16, 2022
Between
Republic
Prosecution
and
Msafiri Ngala Bulle
1st Accused
John Paul Kingola alias Mess
2nd Accused
Ruling
1. The accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that the accused persons on the 11th day of June,2018 at Lanai Village Mckinnon Road Location in Kinango Sub County, within Kwale County murdered Bachila Darasa Bulushi.
3. Having heard the evidence of the nine (9) prosecution witnesses, I find that a prima facie case has been established against the accused persons for the offence of murder and they have a case to answer. They are hereby placed on their defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH JUNE 2022. HON LADY JUSTICE A ONG’INJOJUDGEIN THE PRESENCE OF: -1st accused person- present in person2nd accused-no appearanceMr Adala, advocate for accused persons- no appearanceMr otwoma holding brief.Mr otoma: We can take a date for defence hearing Mr Adala will consult Accused persons on how they will defend count and inform the courtORDERDefence hearing on 22nd July 2022. HON LADY JUSTICE A. ONG’INJOJUDGE16th June 2022