[2012] KEHC 4971 (KLR)
The court found that the prosecution, having called fifteen witnesses, presented sufficient evidence to establish a prima facie case against all three accused persons. The evidence adduced, if believed, would support a conviction for the offence charged. Therefore, the accused persons are required to give their...
Source-derived case information.
- Citation
- [2012] KEHC 4971 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Musyoka Muasya; Defendant: Paul Mutua Muasya; Defendant: Walter Otieno Ojwang
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused persons to be put on their defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Musyoka Muasya
Defendant
Paul Mutua Muasya
Defendant
Walter Otieno Ojwang
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 203 as read with Section 204 of the Penal Code.
Ratio Decidendi
The court found that the prosecution, having called fifteen witnesses, presented sufficient evidence to establish a prima facie case against all three accused persons. The evidence adduced, if believed, would support a conviction for the offence charged. Therefore, the accused persons are required to give their defence as provided by law. The court did not make any findings on the credibility of the witnesses or the weight of the evidence at this stage, as the ruling is limited to determining whether the prosecution has met the threshold to put the accused on their defence.
Court Disposition
Accused persons to be put on their defence.
Orders
- All three accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 42 OF 2009
REPUBLIC ………………………..……........................................………………….. PROSECUTION
=VERSUS=
DANIEL MUSYOKA MUASYA …………......................................……………….…... 1ST ACCUSED
PAUL MUTUA MUASYA …………………........................................……………….. .2ND ACCUSED
WALTER OTIENO OJWANG …………….........................................……….……….. .3RD ACCUSED
RULING
The three accused persons namely DANIEL MUSYOKA MUASYA (hereinafter referred to as the 1st accused), PAUL MUTUA MUASYA (hereinafter referred to as the 2nd accused) and WALTER OTIENO OJWANG (hereinafter referred to as the 3rd accused) have all jointly been charged on two counts of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of fifteen (15) witnesses in support of their case. Having considered the evidence of the 15 witnesses I am satisfied that a prima facie case has been made out. I therefore direct that all the three (3) accused persons shall give their defence to this charge.
Dated and Delivered in Mombasa this 23rd day of April 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Tanui for State
Mr. Adhoch for Accused 3 holding brief for Mr. Magolo for Accused 1 and Accused 2