[2024] KEHC 6324 (KLR)
The court found that only the 2nd and 3rd accused persons were sufficiently implicated by the prosecution evidence to warrant being put on their defence. The evidence against the remaining accused persons was insufficient, as it merely established their presence as squatters on the disputed land or their arrest...
Source-derived case information.
- Citation
- [2024] KEHC 6324 (KLR)
- Parties
- Applicant: Republic; Defendant: Mzungu Shume Mwangemi alias Saidi Chote; Defendant: Onesmus Gambo Karisa; Defendant: Robert Mganga Mwagosha; Defendant: Kennedy Mwangemi Shume; Defendant: Victor Kole Chinyezi alias Ngate; Defendant: Daniel Karisa alias Mboso; Defendant: Antony Wanje Mbogo alias Mganga; Defendant: Laban Mwatata Rimba; Defendant: Cliff Ngombo Ngari
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Partial acquittal; 2nd and 3rd accused to defend, others acquitted.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mzungu Shume Mwangemi alias Saidi Chote
Defendant
Onesmus Gambo Karisa
Defendant
Robert Mganga Mwagosha
Defendant
Kennedy Mwangemi Shume
Defendant
Victor Kole Chinyezi alias Ngate
Defendant
Daniel Karisa alias Mboso
Defendant
Antony Wanje Mbogo alias Mganga
Defendant
Laban Mwatata Rimba
Defendant
Cliff Ngombo Ngari
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against each accused person to warrant putting them on their defence.
- 2 Whether there is sufficient evidence linking each accused to the murders charged.
- 3 Whether mere presence as squatters on the disputed land is sufficient to connect the accused to the offence.
Ratio Decidendi
The court found that only the 2nd and 3rd accused persons were sufficiently implicated by the prosecution evidence to warrant being put on their defence. The evidence against the remaining accused persons was insufficient, as it merely established their presence as squatters on the disputed land or their arrest during a police operation, without any direct or circumstantial evidence linking them to the murders. The prosecution failed to call the arresting officers to explain the circumstances of arrest or to provide evidence connecting the acquitted accused to the offence. Consequently, the court held that a prima facie case had not been established against the 1st, 4th, 5th, 6th, 7th,...
Court Disposition
Partial acquittal; 2nd and 3rd accused to defend, others acquitted.
Orders
- 2nd and 3rd accused persons to be put on their defence.
- 1st, 4th, 5th, 6th, 7th, 8th, and 9th accused persons acquitted under Section 210 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
39 paragraphs
Republic v Chote & 8 others (Criminal Case E024 of 2021) [2024] KEHC 6324 (KLR) (30 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6324 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E024 of 2021
A. Ong’injo, J
May 30, 2024
Between
Republic
Prosecutor
and
Mzungu Shume Mwangemi alias Saidi Chote
1st Accused
Onesmus Gambo Karisa
2nd Accused
Robert Mganga Mwagosha
3rd Accused
Kennedy Mwangemi Shume
4th Accused
Victor Kole Chinyezi alias Ngate
5th Accused
Daniel Karisa alias Mboso
6th Accused
Antony Wanje Mbogo alias Mganga
7th Accused
Laban Mwatata Rimba
8th Accused
Cliff Ngombo Ngari
9th Accused
Ruling
1. The accused persons Mzungu Shume Mwangemi alias Saidi Chote,Onesmus Gambo Karisa, Robert Mganga Mwagosha, Kennedy Mwangemi Shume, Victor Kole Chinyezi alias Ngate, Daniel Karisa alias Mboso, Antony Wanje Mbogo alias Mganga, Laban Mwatata Rimba and Cliff Ngombo Ngari face 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 on Count 1 are that Mzungu Shume Mwangemi alias Saidi Chote, Onesmus Gambo Karisa, Robert Mganga Mwagosha, Kennedy Mwangemi Shume, Victor Kole Chinyezi alias Ngate, Daniel Karisa alias Mboso, Antony Wanje Mbogo alias Mganga, Laban Mwatata Rimba And Cliff Ngombo Ngari on the 7th day of July 2021 at Junju Village of Kilifi South Sub County within Kilifi County jointly with others in court murdered Sidiki Anverali Sumra.
3. The particulars on Count 2 are that Mzungu Shume Mwangemi alias Saidi Chote, Onesmus Gambo Karisa, Robert Mganga Mwagosha, Kennedy Mwangemi Shume, Victor Kole Chinyezi alias Ngate, Daniel Karisa alias Mboso, Antony Wanje Mbogo alias Mganga, Laban Mwatata Rimba and Cliff Ngombo Ngari on the 7th day of July 2021 at Junju Village of Kilifi South Sub County within Kilifi County jointly with others in court murdered Rahil Kasmani Mohamed.
4. The particulars on Count 3 are that Mzungu Shume Mwangemi alias Saidi Chote, Onesmus Gambo Karisa, Robert Mganga Mwagosha, Kennedy Mwangemi Shume, Victor Kole Chinyezi alias Ngate, Daniel Karisa alias Mboso, Antony Wanje Mbogo alias Mganga, Laban Mwatata Rimba and Cliff Ngombo Ngari on the 7th day of July 2021 at Junju Village of Kilifi South Sub County within Kilifi County jointly with others in court murdered James Kafana Mzungu.
5. The prosecution called 12 witnesses to support its case that the accused person committed the offence herein, however, PW6 who was stood down did not come back to testify.
6. From the evidence of the 11 prosecution witnesses, this court finds that the Accused Persons whose names have been mentioned time and again as having involvement in the land dispute and may have interacted with the deceased persons herein on the material date when the offence was committed are the 2nd and 3rd Accused Persons. From the evidence of the Investigating Officer, PW12 PC Dennis Isemek and other witnesses, the rest of the Accused Persons were arrested for either being squatters on the parcel of land in question or as a result of a raid by the GSU officers and profiling.
7. This court therefore finds that the prosecution established a prima facie case sufficient to call upon the 2nd and 3rd accused persons to defend themselves. They have a case to answer.
8. As for the 1st, 4th, 5th, 6th, 7th, 8th and 9th Accused Persons, this court finds that there is no evidence linking them to the murder of the deceased persons herein. The fact that they are squatters on the parcel of land in question is not sufficient reason to find that they may have committed the offence. The officers who arrested the accused persons did not attend court to explain the circumstances under which they were arrested or how they were connected to the offence herein. This court therefore finds that they have no case to answer and they are acquitted under Section 210 of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 30TH DAY OF MAY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Ganzala H/B for Mr. Lijoodi Advocate for 1st and 4th Accused PersonsMr. Kinyanjui Advocate for 3rd Accused PersonMs. Ayieko & Mr. Ganzala H/B for Mr. Kakai Advocate for 2nd and 5th Accused PersonsMr. Ganzala Advocate for 6th Accused PersonMs. Okumu Advocate for 7th Accused PersonMr. Ireri Advocate for 8th Accused PersonMr. Ganzala H/B for Mr. Obara Advocate for 9th Accused Person1st Accused present in person2nd Accused present in person3rd Accused present in person4th Accused present in person5th Accused present in person6th Accused present in person7th Accused present in person8th Accused present in person9th Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Ganzala Advocate for 2nd Accused Person: We pray for a copy of ruling and date for defenceMr. Lijoodi Advocate: We pray for a date for defence. I will communicate to Mr. KinyanjuiOrders: Defence hearing on 24. 6.2024. For 1st, 4th and 5th Accused Person’s security for bond deposited for accused persons acquitted to be released forthwith to sureties.HON. LADY JUSTICE A. ONG’INJOJUDGE