[2021] KEHC 3235 (KLR)
The court found that the prosecution, through the testimony of six witnesses, had established a prima facie case against the accused, Ibrahim Tawa, sufficient to require him to be put on his defence. The evidence presented was adequate to connect the accused to the offence of murder as charged, and thus the accused...
Source-derived case information.
- Citation
- [2021] KEHC 3235 (KLR)
- Parties
- Applicant: Republic; Defendant: Ibrahim Tawa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and is put on his defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ibrahim Tawa
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.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, had established a prima facie case against the accused, Ibrahim Tawa, sufficient to require him to be put on his defence. The evidence presented was adequate to connect the accused to the offence of murder as charged, and thus the accused has a case to answer under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and is put on his defence.
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 14 OF 2019
REPUBLIC...........PROSECUTOR
-VERSUS-
IBRAHIM TAWA........ACCUSED
RULING
1. The accused Ibrahim Tawa faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Chapter 63 of the Laws of Kenya.
2. The particulars are that on the 16th day of August 2019 at Kakokeni Village in Rabai Sub-county, within Kilifi County jointly with others not before court murdered Tawa Hedimed Munga. The prosecution called 6 witnesses to support its case that the accused committee the offence herein. The Prosecution Counsel and Counsel for the accused filed submissions and the matter was reserved for ruling.
3. From the evidence of the six witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF OCTOBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ben- Court Assistant
Ms. Mwangeka for the State
Mr. Ochieng’ for the Accused
HON. LADY JUSTICE A. ONG’INJO
JUDGE