[2012] KEHC 5945 (KLR)
The court found that the prosecution had adduced sufficient evidence through eight witnesses to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that both accused persons be put on their defence, as required by law when a prima facie case is...
Source-derived case information.
- Citation
- [2012] KEHC 5945 (KLR)
- Parties
- Applicant: Republic; Defendant: Charo Kazungu Salimu; Defendant: Changawa Karisa Kazungu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Both accused persons to be put on their defence for the charge of murder.
- Judges
- JV Juma
- 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
Charo Kazungu Salimu
Defendant
Changawa Karisa Kazungu
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through eight witnesses to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court directed that both accused persons be put on their defence, as required by law when a prima facie case is established at the close of the prosecution's case.
Court Disposition
Both accused persons to be put on their defence for the charge of murder.
Orders
- Both accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT MOMBASA
Criminal Case 40 of 2009
REPUBLIC ......................................................................... PROSECUTION
=VERSUS=
CHARO KAZUNGU SALIMU .............................................. 1ST ACCUSED
CHANGAWA KARISA KAZUNGU ..................................... 2ND ACCUSED
RULING
The two accused persons namely CHARO KAZUNGU SALIMU (hereinafter referred to as the 1st accused) and CHANGAWA KARISA KAZUNGU (hereinafter referred to as the 2nd Defendant) have jointly been charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by the learned State Counsel called a total of eight (8) witnesses in support of their case. Having carefully considered the evidence adduced by the prosecution witnesses I am satisfied that a prima facie case has been established. I therefore direct that both accuseds shall give their defence to this charge.
Dated and Delivered in Mombasa this 18th day of September 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Nyange for Accused
Mr. Tanui for State