[2012] KEHC 2525 (KLR)
The court found that the prosecution, having called seventeen witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence, if uncontroverted, would warrant a conviction. Accordingly, the court directed that both accused persons be put...
Source-derived case information.
- Citation
- [2012] KEHC 2525 (KLR)
- Parties
- Applicant: Republic; Defendant: David Momanyi Mathews; Defendant: Peter Bada Karisa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Both accused persons are found to have a case to answer and are put on their defence for the charge of murder.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Momanyi Mathews
Defendant
Peter Bada Karisa
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called seventeen witnesses, presented sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence, if uncontroverted, would warrant a conviction. Accordingly, the court directed that both accused persons be put on their defence as required by law at the close of the prosecution's case in a murder trial.
Court Disposition
Both accused persons are found to have a case to answer and are put on their defence for the charge of murder.
Orders
- Both accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
Criminal Case 9 of 2009
REPUBLIC.........................................................................................................................PROSECUTION
=VERSUS=
DAVID MOMANYI MATHEWS..........................................................................................1ST ACCUSED
PETER BADA KARISA....................................................................................................2ND ACCUSED
RULING
The two accused persons namely DAVID MOMANYI MATHEW (hereinafter referred to as the 1st accused) and PETER BADA KARISA (hereinafter referred to as the 2nd accused) jointly face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. Both accuseds entered a plea of ‘Not guilty’ to the charge and their trial commenced before the High Court in Mombasa on 26th June 2010. The prosecution called a total of seventeen (17) witnesses in support of their case. I have carefully analyzed the evidence adduced by the prosecution witnesses. I am satisfied that a prima facie case has been established as against both accused persons. I do hereby direct that they shall give their defence to the charge of Murder.
Dated and Delivered in Mombasa this 25th day of July 2012.
M. ODERO
JUDGE
In the presence of:
Mrs. Maithya for Accused 2
Ms. Odhiang holding brief for Mr. Mushelle