[2024] KEHC 1113 (KLR)
The court found that the prosecution, having called 8 witnesses, established a prima facie case against the accused, Chai Jabiri, for the murder of Maurice Tembo. The evidence presented was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and...
Source-derived case information.
- Citation
- [2024] KEHC 1113 (KLR)
- Parties
- Applicant: Republic; Defendant: Chai Jabiri
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E032 of 2021
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chai Jabiri
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 to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 8 witnesses, established a prima facie case against the accused, Chai Jabiri, for the murder of Maurice Tembo. The evidence presented was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and should proceed to defend himself against the charge of murder as provided under Section 306 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Mention scheduled for 26th February 2024 to fix a date for hearing.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Jabiri (Criminal Case E032 of 2021) [2024] KEHC 1113 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1113 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E032 of 2021
A. Ong’injo, J
February 8, 2024
Between
Republic
Prosecutor
and
Chai Jabiri
Accused
Ruling
1. The accused Chai Jabiri faces 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 Chai Jabiri on the 9th day of October 2021 at Radiant Apartments at Cool View Area, within Mtwapa Township, within Kilifi County murdered Maurice Tembo.
3. The prosecution called 8 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. In consideration of the evidence of the 8 prosecution witnesses and submissions by defence, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 8TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Kuria Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMs. Kuria Advocate: Accused person has requested that he be allowed to enter into plea bargain.Order: Mention on 26. 2.2024 to fix date for hearing.HON. LADY JUSTICE A. ONG’INJOJUDGE