[2012] KEHC 1512 (KLR)
The court found that the prosecution, having called nine witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the court directed that...
Source-derived case information.
- Citation
- [2012] KEHC 1512 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Jevan Mwanjau; Defendant: Jeremiah Kimigho Hassan
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Both accused persons are found to have a case to answer and are put on their defence.
- Judges
- JV Juma
- Legal Topics
- Murder, 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 of Kenya
Applicant
Jevan Mwanjau
Defendant
Jeremiah Kimigho Hassan
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 nine witnesses, had adduced sufficient evidence to establish a prima facie case against both accused persons for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the court directed that both accused persons be put on their defence in accordance with the law. The ruling is limited to the sufficiency of the prosecution's evidence at this stage and does not amount to a finding of guilt.
Court Disposition
Both accused persons are found to have a case to answer and are put on their defence.
Orders
- The two accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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REPUBLIC ……………………………………..………. PROSECUTION
=VERSUS=
JEVAN MWANJAU …………..……………….…………. 1ST ACCUSED
JEREMIAH KIMIGHO HASSAN ….…..........……….……. 2ND ACCUSED
RULING
The two accused persons namely JEVAN MWANJAU and JEREMIAH KIMIGHO HASSANboth face a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by MR. ONSERIO, learned State Counsel called a total of nine (9) witnesses in support of their case. Having considered the evidence of the prosecution witnesses I am satisfied that a prima facie case has been established. As such I hereby direct that the two accused persons shall give their defence to this charge.
Dated and Delivered in Mombasa this 29th day of October 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Nabwana for both accused
Mr. Onserio for State