[2021] KEHC 3998 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The absence of submissions from the defence did...
Source-derived case information.
- Citation
- [2021] KEHC 3998 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Musyoki alias Kimangu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer found; accused to be put on his defence
- Legal Topics
- Murder Charge, 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
Jeremiah Musyoki alias Kimangu
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, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The absence of submissions from the defence did not affect the court's determination that the prosecution had met the threshold for a case to answer.
Court Disposition
case to answer found; accused to be put on his defence
Orders
- The accused is found to have a case to answer and is called upon to defend himself.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 3 OF 2016
REPUBLIC....................................................................................PROSECUTOR
- VERSUS -
JEREMIAH MUSYOKI ALIAS KIMANGU.....................................ACCUSED
RULING
1. The accused Jeremiah Musyoki alias Kimangu faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars are that on the 16th day of January 2016 at Tabora area of Mariakani Township within Kilifi County murdered Moses Musyoki. The prosecution called 6 witnesses to support its case that the accused committee the offence herein. Counsel for the accused person did not file submissions and the matter was reserved or 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/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF SEPTEMBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Mohamed - Court Assistant
Ms. Keya for the State
Ms. Odhiang’ for the Accused – No Appearance
Accused: Present in person
HON. LADY JUSTICE A. ONG’INJO
JUDGE