[2024] KEHC 5870 (KLR)
The court found that the prosecution, having called six 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
- [2024] KEHC 5870 (KLR)
- Parties
- Applicant: Republic; Defendant: Ramathan Tsuma Nyiro Chidzao; Defendant: Kache Changawa Chengo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their 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
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Parties
Republic
Applicant
Ramathan Tsuma Nyiro Chidzao
Defendant
Kache Changawa Chengo
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 to warrant them 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 six 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. Accordingly, the accused persons were found to have a case to answer and were called upon to defend themselves in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- The accused persons are found to have a case to answer and are called upon to defend themselves.
- Defence hearing scheduled for 17th June 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Chidzao & another (Criminal Case 7 of 2020) [2024] KEHC 5870 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5870 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 7 of 2020
A. Ong’injo, J
May 23, 2024
Between
Republic
Prosecutor
and
Ramathan Tsuma Nyiro Chidzao
1st Accused
Kache Changawa Chengo
2nd Accused
Ruling
1. The accused persons Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoface a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that Ramathan Tsuma Nyiro Chidzaoand Kache Changawa Chengoon the night of 6th July 2018 at Zukurukani Villlage at Kilibasi Sub-Location within Kwale County jointly murdered Saumu Kokoi Nyae.
3. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein and the matter was reserved for ruling.
4. From the evidence of the 6 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 23RD DAY OF MAY 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Omuya H/B for Mrs. Makuto Advocate for 1st Accused PersonMr. Omuya Advocate for 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Omuya: 2nd Accused will give sworn evidence. He can take a date for defence hearing.Order: Defence hearing on 17. 6.2024. Notice to Mrs. Makuto Advocate for the 1st Accused.HON. LADY JUSTICE A. ONG’INJOJUDGE23. 5.2024