[2013] KEHC 2955 (KLR)
The court found that the prosecution, having called six witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, in accordance with the requirements of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2013] KEHC 2955 (KLR)
- Parties
- Applicant: Republic; Defendant: Ferdinand Maganga Mwandaghina
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- 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
Ferdinand Maganga Mwandaghina
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
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, having called six witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence, in accordance with the requirements of the Criminal Procedure Code. The court therefore directed that the accused should give his defence to the charge of murder.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Defence hearing scheduled for 5th September, 2013.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 18 OF 2009
REPUBLIC……………………………………..……….………PROSECUTION
VERSUS
FERDINAND M. MWANDAGHINA.……………….…………ACCUSED
RULING
The accusedFERDINAND MAGANGA MWANDAGHINAfaces a charge ofMURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE.The prosecution called a total of six (6) witnesses in support of their case.
Having considered the evidence adduced by these prosecution witnesses, I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to the charge.
Dated this 22nd day of July, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Ayodo for State
Mr. Mohamed h/b Mr. Atancha for Accused
Court Clerk Mutisya
Court:
Defence hearing on 5th September, 2013.
Hearing notice to issue to Mr. Atancha.
M. ODERO
JUDGE
22ND JULY, 2013