[2021] KEHC 2792 (KLR)
The court found that the prosecution had adduced sufficient evidence, including testimony from seven witnesses, two of whom were eyewitnesses to the alleged offence. Upon consideration of the evidence and the defence submissions, the court held that a prima facie case had been established against the accused, Felix...
Source-derived case information.
- Citation
- [2021] KEHC 2792 (KLR)
- Parties
- Applicant: Republic; Defendant: Felix Ouma Makadudi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, 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
Felix Ouma Makadudi
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 him being placed on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including testimony from seven witnesses, two of whom were eyewitnesses to the alleged offence. Upon consideration of the evidence and the defence submissions, the court held that a prima facie case had been established against the accused, Felix Ouma Makadudi, for the offence of murder. Consequently, the accused was called upon to enter his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused is placed on his defence.
- Defence hearing scheduled for 6/12/2021.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 23 OF 2019
REPUBLIC...........................................................................................................PROSECUTOR
-V/S-
FELIX OUMA MAKADUDI.....................................................................................ACCUSED
R U L I N G
1. The accused person, FELIX OUMA MAKADUDI faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Felix Ouma Makadudi on the 30th day of October 2019 at Dunga-unuse village in Migadini area, within Changamwe sub-county within Mombasa County murdered William Johnson Bada.
3. The prosecution tendered the evidence of 7 prosecution witnesses 2 of whom were witnesses to the offence which took place in the early hours of 30th day of October 2019.
4. In consideration of the evidence and defence submissions, this court finds that the prosecution has raised a prima facie case and calls upon accused to defend himself. He has a case to answer and is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 21ST DAY OF OCTOBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Mr. Mulamula for State
Accused – present in person
Mr. Gitahi Advocate for accused
HON. LADY JUSTICE A. ONG’INJO J
21/10/2021
Court
Provisions of Section 211 Criminal Procedure Code explained to accused.
Accused
I will give sworn statement. I will call one witness.
Mr. Gitahi
I pray for defence hearing date.
Order
Defence hearing on 6/12/2021
HON. LADY JUSTICE A. ONG’INJO J
21/10/2021