[2022] KEHC 11719 (KLR)
The court found that the prosecution, through the testimony of eight witnesses, had established a prima facie case against the accused, Kahindi Katana Charo, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the...
Source-derived case information.
- Citation
- [2022] KEHC 11719 (KLR)
- Parties
- Applicant: Republic; Defendant: Kahindi Katana Charo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- 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
Kahindi Katana Charo
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses, had established a prima facie case against the accused, Kahindi Katana Charo, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court was satisfied that, if the accused chose to remain silent, a reasonable tribunal could convict on the evidence adduced by the prosecution. Consequently, the accused was informed of his right to give evidence and the matter was set down for defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused is placed on his defence.
- Defence hearing scheduled for 8th July 2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Charo (Criminal Case 16 of 2014) [2022] KEHC 11719 (KLR) (9 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11719 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 16 of 2014
A. Ong’injo, J
June 9, 2022
Between
Republic
Prosecution
and
Kahindi Katana Charo
Accused
Ruling
1. The accused Kahindi Katana Charo is charged with the offence of Murder contrary to section 203 as read with section 204 of the PenalCode.
2. The particulars are that the accused on the 25th day of April, 2014 at Kavunzoni village Mitangani location, Ganze District of Kilifi County murdered Katana Karisa Chengo.
3. Having heard the evidence of the eight (8) prosecution witnesses I find thay a prima faciecase has been established against the accused and he has a case to answer. He is placed on his defence.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 9TH DAY OF JUNE, 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel – Court Asst.Mr. Ngiri for StateAccused – Present in personMr. Ochieng Advocate for accusedHon. Lady Justice A. Ong’injo J9/06/2022CourtSection 211 Civil Procedure Code explained to accused and he replies.AccusedSworn evidenceMr. OchiengAccused will give sworn evidence. I request for defence hearing on 8/07/2022. OrderDefence hearing on 8/07/2022. Hon. Lady Justice A. Ong’injo J9/06/2022