[2022] KEHC 13855 (KLR)
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused persons. The evidence presented, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons were placed on their defence in accordance with...
Source-derived case information.
- Citation
- [2022] KEHC 13855 (KLR)
- Parties
- Applicant: Republic; Defendant: Mbovu Mugandi Chimanga alia Hamisi Shoo; Defendant: Mwalewa Chombo Mugele; Defendant: Kolo Kumbe Mwachupa alias Kolo Mkalla (Deceased)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence. Defence hearing date set.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mbovu Mugandi Chimanga alia Hamisi Shoo
Defendant
Mwalewa Chombo Mugele
Defendant
Kolo Kumbe Mwachupa alias Kolo Mkalla (Deceased)
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 their being placed on their defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through five witnesses to establish a prima facie case against the accused persons. The evidence presented, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused persons were placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The third accused, Kolo Kumbe Mwachupa alias Kolo Mkalla, was noted as deceased and thus not required to defend himself.
Court Disposition
Accused persons found to have a case to answer and placed on their defence. Defence hearing date set.
Orders
- The accused persons are found to have a case to answer and are placed on their defence.
- Defence hearing scheduled for 13/10/2022.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Chimanga alia Hamisi Shoo & 2 others (Criminal Case 23 of 2016) [2022] KEHC 13855 (KLR) (7 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13855 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 23 of 2016
A. Ong’injo, J
September 7, 2022
Between
Republic
Prosecution
and
Mbovu Mugandi Chimanga alia Hamisi Shoo
1st Accused
Mwalewa Chombo Mugele
2nd Accused
Kolo Kumbe Mwachupa alias Kolo Mkalla
3rd Accused
Ruling
1. The accused Mbovu Mugandi Chimanga alias Hamisi Shoo, Mwalewa Chombo Mugele and Kolo Kumbe Mwachupa alias Kolo Mkalla (Deceased) were jointly charged with the offence of murder.
2. Particulars are that the accused person on the 4th March 2016 at around 2. 00pm at Mwatsauni Village in Ndavaya location, within Kwale County jointly with others before court murdered Ruwa Butuga.
3. This court has considered the evidence on record for the 5 prosecution witnesses and find that they have established a prima facie case sufficient to place accused persons on defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF SEPTEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for StateMs. Musyoki hold brief for Ms. Kipsang for A2Ms. Musyoki hold brief for Mr. Otieno Advocate for A1A1 – Present in personA2 – Present in personA3 – No appearance – Deceased.Letter from Ms. Nyandweat Odundo dated 9/11/2020. A3 passed on 6/08/2020. Permit for burial attached dated 7/08/2020. Hon. Lady Justice A. Ong’injo J7/9/2022Ms. MusyokiWe can take a defence hearing date. We will consult our clients and inform court how they wish to defend themselves.OrderDefence hearing – 13/10/2022. Hon. Lady Justice A. Ong’injo J7/9/2022