[2023] KEHC 24629 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused persons for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be placed on their defence....
Source-derived case information.
- Citation
- [2023] KEHC 24629 (KLR)
- Parties
- Applicant: Republic; Defendant: Fatuma Makazi Hamisi alias Stamili; Defendant: Nzai Makazi; Defendant: Nzai Kazungu alias Chidimbwi; Defendant: Nyamawi Nguta Ali alias Kimaliza
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2019
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- A. Ong’injo
- 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
Fatuma Makazi Hamisi alias Stamili
Defendant
Nzai Makazi
Defendant
Nzai Kazungu alias Chidimbwi
Defendant
Nyamawi Nguta Ali alias Kimaliza
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306 of the Criminal Procedure Code for a case to answer.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused persons for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be placed on their defence. The court was satisfied that, if the accused persons elected to remain silent, a reasonable tribunal could convict on the evidence adduced. Accordingly, the accused persons were found to have a case to answer and were placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 20th November 2023.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Hamisi & 3 others (Criminal Case 5 of 2019) [2023] KEHC 24629 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24629 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 5 of 2019
A. Ong’injo, J
October 12, 2023
Between
Republic
Prosecutor
and
Fatuma Makazi Hamisi alias Stamili
1st Accused
Nzai Makazi
2nd Accused
Nzai Kazungu alias Chidimbwi
3rd Accused
Nyamawi Nguta Ali alias Kimaliza
4th Accused
Ruling
1. The accused Fatuma Makazi Hamisi alias Stamili, Nzai Makazi, Nzai Kazungu Alias Chidimbwi and Nyamawi Nguta Ali Alias Kimaliza face a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars of the offence are that Fatuma Makazi Hamisi alias Stamili, Nzai Makazi, Nzai Kazungu Alias Chidimbwi and Nyamawi Nguta ALI Alias Kimaliza on the night of 14th day of February 2019 at Magongoni village in Mazola Sub-Location within Kinango Sub-County of Kwale County jointly with others not before court murdered Nyamvula Tsuma.
3. The prosecution called 10 witnesses to support its case. Counsel for the accused persons did not file submissions on no case to answer. From the evidence of the 10 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 12TH DAY OF OCTOBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Wairagu Advocate for the 1st AccusedMr. Wairagu H/B for Ms. Oyier Advocate for the 2nd AccusedMr. Wairagu H/B for Mr. Mokaya Advocate for the 3rd AccusedMr. Wairagu H/B for Mr. Odundo Advocate for the 4th Accused1st Accused, 2nd Accused, 3rd Accused, and 4th Accused present in personHon. Lady Justice A. Ong’injoJudgeCourt: Section 211 of the CPC explained to accused persons and they repliedMr. Wairagu: We can take a date in a month’s timeOrder: Defence hearing on 20. 11. 2023