[2022] KEHC 1632 (KLR)
The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged. Accordingly, a prima facie case has been made out against the accused, Dancun Ingumba, necessitating that he be placed on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2022] KEHC 1632 (KLR)
- Parties
- Applicant: Republic; Defendant: Dancun Ingumba
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on defence
- 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
Dancun Ingumba
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's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged. Accordingly, a prima facie case has been made out against the accused, Dancun Ingumba, necessitating that he be placed on his defence in accordance with the law.
Court Disposition
accused put on defence
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 1st April 2022.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 50 OF 2018
REPUBLIC...........................................................................PROSECUTOR
VERSUS
DANCUN INGUMBA ................................................................ACCUSED
R U L I N G
1. The accused Dancun Ingumba is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars are that the accused on the 22nd day of October 2018 at Nyali Bridge area within Mvita Sub-County Mombasa County jointly with another not before court murdered John Kabare alias Baita.
3. The evidence of the prosecution witnesses has raised a prima facie case against the accused and he has a case to answer. He is placed on his defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 28TH DAY OF FEBRUARY 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
IN THE PRESENCE OF:-
OGWEL - COURT ASSISTANT
MS. ONGETI FOR STATE
MS. MAKUTO ADVOCATE FOR ACCUSED
ACCUSED – PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO J
28/02/2022
ORDER: DEFENCE HEARING - 1/4/2022
HON. LADY JUSTICE A. ONG’INJO J
28/02/2022