[2021] KEHC 4898 (KLR)
The court found that the prosecution had tendered evidence from five witnesses which, if believed, would establish the elements of the offence of murder against the accused. The court was satisfied that a prima facie case had been made out, sufficient to require the accused to be put on his defence. Accordingly, the...
Source-derived case information.
- Citation
- [2021] KEHC 4898 (KLR)
- Parties
- Respondent: Republic; Defendant: Desmond Ashioya Katibi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to defend himself.
- 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
Respondent
Desmond Ashioya Katibi
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 his being put on his defence.
Ratio Decidendi
The court found that the prosecution had tendered evidence from five witnesses which, if believed, would establish the elements of the offence of murder against the accused. The court was satisfied that a prima facie case had been made out, sufficient to require the accused to be put on his defence. Accordingly, the accused was found to have a case to answer under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to defend himself.
Orders
- Accused to be put on his defence.
- Defence hearing scheduled for 14/09/2021.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 45 OF 2017
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
DESMOND ASHIOYA KATIBI.....................................................................ACCUSED
R U L I N G
1. The accused Desmond Ashioya Katibi is charged with offence of Murder contrary to Section 203 as read with section 204 of the Penal Code.
2. Particulars are that Desmond Ashioya Katibi on an unknown dates and time at Kaa Chonjo Slums within Tudor area in Mombasa City within Mombasa County murdered Margret Awino. Prosecution tendered evidence of 5 witnesses in support of charge of murder against the accused and submitted that offence has been proved and accused should be placed on defence. The accused person’s counsel did not file submissions and matter was reserved for ruling.
3. Having considered the prosecution witnesses’ evidence this court has come to the conclusion that a prima facie case has been established sufficient to call upon accused person to defend himself.
4. He has a case to answer
Dated, signedand deliveredinOpen Court /onlinethroughMS TEAMS, this22ndday ofJuly, 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel – Court assistant
Ms. Karanja for Respondent
Accused – present in person
Ms. Odhiang hold brief for Ms. Matara Advocate for accused
Hon. Lady Justice A. Ong’injo
Judge
MS. ODHIANG
We request for a date for defence hearing.
Hon. Lady Justice A. Ong’injo
Judge
COURT
Provisions of Section 211 Criminal Procedure Code explained to accused.
Hon. Lady Justice A. Ong’injo
Judge
ACCUSED
I will decide after discussing with my lawyer.
ORDER
Defence hearing – 14/09/2021
Hon. Lady Justice A. Ong’injo
Judge