[2024] KEHC 591 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused, Adan Tulicha Dadacha, 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...
Source-derived case information.
- Citation
- [2024] KEHC 591 (KLR)
- Parties
- Applicant: Republic; Defendant: Adan Tulicha Dadacha
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; ordered to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- 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
Adan Tulicha Dadacha
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 to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused, Adan Tulicha Dadacha, 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 therefore ruled that the accused has a case to answer and should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer; ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 7 March 2024.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Dadacha (Criminal Case E020 of 2022) [2024] KEHC 591 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 591 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E020 of 2022
A. Ong’injo, J
January 25, 2024
Between
Republic
Prosecutor
and
Adan Tulicha Dadacha
Accused
Ruling
1. Adan Tulicha Dadacha was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence are that on the 25th day of July 2022 at KPA High Level Estate, Shimanzi in Mombasa within Mombasa County murdered Joyce Wairimu Ngugi.
3. The prosecution called 10 witnesses to support its case and from the evidence of the 10 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 25TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMs. Kihoro Advocate for the AccusedHON. LADY JUSTICE A. ONG’INJOJUDGEMs. Kihoro: We pray for a date for defence hearingOrder: Defence hearing on 7. 3.2024HON. LADY JUSTICE A. ONG’INJOJUDGE