[2022] KEHC 17040 (KLR)
The court found that the prosecution, having called 12 witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence for the charge of murder under Section 203 as read with Section 204 of the Penal Code. The court was...
Source-derived case information.
- Citation
- [2022] KEHC 17040 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwenyeheri Mgele Jeffa; Defendant: Shadrack Nyiro Rasi; Defendant: Bernard Masai Mwangeka
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused persons have a case to answer and are put on their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, 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
Mwenyeheri Mgele Jeffa
Defendant
Shadrack Nyiro Rasi
Defendant
Bernard Masai Mwangeka
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 persons to warrant their being put on their 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 12 witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence for the charge of murder under Section 203 as read with Section 204 of the Penal Code. The court was satisfied that the threshold for a case to answer had been met, and accordingly, the accused persons were called upon to defend themselves.
Court Disposition
The accused persons have a case to answer and are put on their defence.
Orders
- The accused persons are found to have a case to answer.
- Defence hearing scheduled for 20th February 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Jeffa & 2 others (Criminal Case E014 of 2020) [2022] KEHC 17040 (KLR) (22 December 2022) (Ruling)
Neutral citation: [2022] KEHC 17040 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E014 of 2020
A. Ong’injo, J
December 22, 2022
Between
Republic
Prosecutor
and
Mwenyeheri Mgele Jeffa
1st Accused
Shadrack Nyiro Rasi
2nd Accused
Bernard Masai Mwangeka
3rd Accused
Ruling
1. The accused persons Mwenyeheri Mgele Jeffa, Shadrack Nyiro Rasi and Bernard Masai Mwangeka face 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 Mwenyeheri Mgele Jeffa, Shadrack Nyiro Rasi and Bernard Masai Mwangeka on the 19th day of October 2020 at Kiwegu Village in Vanga Location, Lungalunga Sub-County within Kwale County murdered Mwalewa Jeffa. The prosecution called 12 witnesses to support its case that the accused persons committee the offence herein. Counsels for the accused persons filed submissions and the matter was reserved or ruling.
3. From the evidence of the twelve 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 22nd day of December 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Were Advocate for 1st AccusedMs. Atieno Advocate holding brief for Mr. Otwoma for 2nd AccusedMS. Atieno Advocate for 3rd Accused1st Accused and 2nd Accused Present in person and on bond3rd Accused present in person and in custodyHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Were Advocate: We can take a date for hearingOrders: Defence Hearing on 20. 2.2023HON. LADY JUSTICE A. ONG’INJOJUDGE