[2022] KEHC 916 (KLR)
The court found that the prosecution, through the testimony of seven witnesses and evidence of prior threats and reports made by the deceased, established a prima facie case against the accused. The circumstances surrounding the death and the accused's alleged involvement were sufficient to require the accused to be...
Source-derived case information.
- Citation
- [2022] KEHC 916 (KLR)
- Parties
- Applicant: Republic; Defendant: Edison Nyale Tinga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E013 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; ordered to present 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
Edison Nyale Tinga
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.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses and evidence of prior threats and reports made by the deceased, established a prima facie case against the accused. The circumstances surrounding the death and the accused's alleged involvement were sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer; ordered to present defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 27/05/2022.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E013 OF 2020
REPUBLIC...............................................................................................PROSECUTOR
V/S
EDISON NYALE TINGA................................................................................ACCUSED
R U L I N G
1. The accused Edison Nyale Tinga is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars of the offence are that Edison Nyale Tinga on the 22nd day of September 2020 at Mwarakaya Location in Chonyi Sub-county of Kilifi County jointly with others not before court murdered Hannington Tinga Nzombo.
3. Prosecution availed 7 witnesses who gave account of events that proceeded the murder herein which the accused was directly involved in and the deceased made reports to Chonyi as well as Kijipwa Police Station about the allegations by his sons that he was a witch and threats to his life.
4. The circumstances surrounding the death of the deceased (happenings) and incidences/prior to his death makes this court find that a prima facie case has been made against the accused person sufficient to place him on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 31ST DAY OF MARCH 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of: -
Ogwel- Court Assistant
Mr. Nguri for State
Mr. Mwaboza Advocate for accused
Accused – present in person
Hon. Lady Justice A. Ong’injo
Judge
Mr. Mwaboza Advocate
The accused will give sworn testimony and we will call the accused persons wife as a witness.
Order
Defence hearing – 27/05/2022.
Hon. Lady Justice A. Ong’injo
Judge