[2024] KEHC 587 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused persons, Rashid Juma and Mwinyi Hamisi Masuud, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on their defence in accordance with Section 306 of...
Source-derived case information.
- Citation
- [2024] KEHC 587 (KLR)
- Parties
- Applicant: Republic; Defendant: Rashid Juma; Defendant: Mwinyi Hamisi Masuud
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- A. Ong’injo
- 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
Applicant
Rashid Juma
Defendant
Mwinyi Hamisi Masuud
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 placed on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charges of murder.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused persons, Rashid Juma and Mwinyi Hamisi Masuud, for the offence of murder. The evidence presented was sufficient to require the accused to be placed on their defence in accordance with Section 306 of the Criminal Procedure Code. The court explained the provisions of Section 306 to the accused in Kiswahili and set a date for the defence hearing, thereby ruling that the accused have a case to answer on all four counts of murder as charged.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 7th March 2024.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Juma & another (Criminal Case 49 of 2014) [2024] KEHC 587 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEHC 587 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 49 of 2014
A. Ong’injo, J
January 25, 2024
Between
Republic
Prosecutor
and
Rashid Juma
1st Accused
Mwinyi Hamisi Masuud
2nd Accused
Ruling
1. Rashid Jumaand Mwinyi Hamisi Masuudare jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence in Count I are that on 3rd March 2013 at Jomvu Area within Miritini in Kilindini District within Mombasa County jointly with others not before court murdered No. 217778 Senior Superintendent of Police Otieno Owuor.
3. In Count II the particulars of the offence in Count I are that on 3rd March 2013 at Jomvu Area within Miritini in Kilindini District within Mombasa County jointly with others not before court murdered No. 230655 Chief Inspector Salim Kimutai Chebii.
4. In Count III the particulars of the offence in Count I are that on 3rd March 2013 at Jomvu Area within Miritini in Kilindini District within Mombasa County jointly with others not before court murdered No. 42978 Police Constable Stephen Maithya.
5. In Count IV the particulars of the offence in Count I are that on 3rd March 2013 at Jomvu Area within Miritini in Kilindini District within Mombasa County jointly with others not before court murdered No. 52076 Police Constable Andrew Songwa.
6. The prosecution called 10 witnesses to support its case and from the evidence of the 10 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 25TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMrs. Omondi Advocate H/B for Mr. Shimaka Advocate for the 1st AccusedMrs. Omondi Advocate H/B for Mr. Katib Advocate for the 2nd AccusedHON. LADY JUSTICE A. ONG’INJOJUDGEMrs. Omondi Advocate: We can take a date for defence hearing.Court: Provisions of Section 306 of the CPC explained to accused persons in Kiswahili and they reply.Order: Defence hearing on 7. 3.2024. Notice to Mr. Shimaka Advocate for the 1st Accused.HON. LADY JUSTICE A. ONG’INJOJUDGE25. 1.2024