[2023] KEHC 22181 (KLR)
The court found that the prosecution's evidence and witness testimonies established a prima facie case against the accused, Salim Kamanza, for the offence of murder. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the law. The court relied on the standard...
Source-derived case information.
- Citation
- [2023] KEHC 22181 (KLR)
- Parties
- Applicant: Republic; Defendant: Salim Kamanza
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his 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
Salim Kamanza
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's evidence and witness testimonies established a prima facie case against the accused, Salim Kamanza, for the offence of murder. Consequently, the accused was found to have a case to answer and was placed on his defence in accordance with the law. The court relied on the standard that, at this stage, the prosecution need only establish a case sufficient to require the accused to respond, not to prove guilt beyond reasonable doubt.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to give sworn evidence and not call witnesses.
- Defence hearing scheduled for 22/09/2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kamanza (Criminal Case E002 of 2023) [2023] KEHC 22181 (KLR) (3 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22181 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E002 of 2023
A. Ong’injo, J
August 3, 2023
Between
Republic
Prosecutor
and
Salim Kamanza
Accused
Ruling
1. The accused herein was arrested and charged with offence of Murder contrary to section 203 as read with section 204 of the PenalCode.
2. The particulars are that S.K. on the 8th day of January 2023 at Miritini – Ufuta Area Jomvu Sub-County within Mombasa County murdered D.M.
3. This court has considered evidence of the prosecution witnesses and friends that they raise a prima facie case sufficient to place accused on defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS. TEAMS ON THIS 3RD DAY OF AUGUST 2023HON. LADY JUSTICE ANNE ONG’INJOJUDGEIn the presence of:Mr. Ngiri for StateMr. Mwawasi Advocate for accusedMR. MWAWASI ADVOCATEAccused will give sworn evidence and will not call witnesses.ORDERDefence hearing on 22/09/2023. HON. LADY JUSTICE ANNE ONG’INJOJUDGE2/08/2023