[2024] KEHC 1548 (KLR)
The court found that the prosecution, through the testimony of seven witnesses, had established a prima facie case against the accused persons, Nyanje Mudowe Matsui Ikuta and Mkalla Mudowe Matsui, for the offence of murder. The evidence presented was sufficient to require the accused persons to be put on their...
Source-derived case information.
- Citation
- [2024] KEHC 1548 (KLR)
- Parties
- Applicant: Republic; Defendant: Nyanje Mudowe Matsui Ikuta; Defendant: Mkalla Mudowe Matsui
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2021
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused persons found to have a case to answer; matter to proceed to defence hearing.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nyanje Mudowe Matsui Ikuta
Defendant
Mkalla Mudowe Matsui
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 put on their defence.
- 2 Whether there is sufficient evidence to require the accused persons to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of seven witnesses, had established a prima facie case against the accused persons, Nyanje Mudowe Matsui Ikuta and Mkalla Mudowe Matsui, for the offence of murder. The evidence presented was sufficient to require the accused persons to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused persons have a case to answer and directed that the matter proceed to defence hearing.
Court Disposition
Accused persons found to have a case to answer; matter to proceed to defence hearing.
Orders
- The accused persons are found to have a case to answer and are put on their defence.
- Defence hearing scheduled for 20th March 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Ikuta & another (Criminal Case E022 of 2021) [2024] KEHC 1548 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1548 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E022 of 2021
A. Ong’injo, J
February 15, 2024
Between
Republic
Prosecutor
and
Nyanje Mudowe Matsui Ikuta
1st Accused
Mkalla Mudowe Matsui
2nd Accused
Ruling
1. The accused persons Nyanje Mudowe Matsui Ikuta And Mkalla Mudowe Matsuiface a charge of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that Nyanje Mudowe Matsui Ikuta And Mkalla Mudowe Matsui on the 1st day of February 2017 at Mwembeni Village of Taru Location, Kinango Sub-County of Kwale County jointly with others not before court murdered Dena Dzaya.
3. The prosecution called 7 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused persons filed submissions on no case to answer and the matter was reserved for ruling.
4. From the evidence of the 7 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 15TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Omar Advocate H/B for Mr. Mwanawasa Advocate for Accused Persons1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Provisions of Section 306 (2) of the Criminal Procedure Code complied withMr. Omar Advocate: We can take a defence hearing dateOrders: Defence hearing on 20. 3.2024HON. LADY JUSTICE A. ONG’INJOJUDGEPARA 15. 2.2024CR. Case No. E022. 2021 Page 3 of 3 A. Ong’injo, J