[2012] KEHC 418 (KLR)
The court found that the prosecution, having called nine witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, would warrant a conviction. Therefore, the accused is required to give his defence as provided by law.
Source-derived case information.
- Citation
- [2012] KEHC 418 (KLR)
- Parties
- Respondent: Republic of Kenya; Accused: Hamisi Ramah Wendo
- 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
- Outcome
- Accused found to have a case to answer and ordered to give 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Respondent
Hamisi Ramah Wendo
Accused
Procedural Posture
Criminal Case / Ruling on Prima Facie 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 nine witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if unchallenged, would warrant a conviction. Therefore, the accused is required to give his defence as provided by law.
Court Disposition
Accused found to have a case to answer and ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Case 18 of 2009 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if !mso]> <style> st1:*{behavior:url(#ieooui) } </style> <![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
REPUBLIC ……………………………………..………. PROSECUTION
=VERSUS=
HAMISI RAMAH WENDO ….………………….….…….ACCUSED
RULING
The accused person HAMISI RAMAH WENDO faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of nine (9) witnesses in support of their case. Having considered the evidence adduced by the prosecution witnesses I am satisfied that a prima facie case has been established. As such I do hereby direct that the accused shall give his defence to the charge.
Dated and Delivered in Mombasa this 25th day of October, 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Alwenya for Accused
Mr. Onserio for State