[2024] KEHC 2786 (KLR)
The court found that, based on the evidence of the 8 prosecution witnesses, the prosecution had established a prima facie case against the accused persons. The evidence was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2024] KEHC 2786 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Hare Karisa; Defendant: Said Mwamuye Mwalongo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2018
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused persons found to have a case to answer; ordered to present their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, No Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Hamisi Hare Karisa
Defendant
Said Mwamuye Mwalongo
Defendant
Procedural Posture
Criminal Case / Ruling on No 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, based on the evidence of the 8 prosecution witnesses, the prosecution had established a prima facie case against the accused persons. The evidence was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused persons have a case to answer and should proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer; ordered to present their defence.
Orders
- The accused persons are found to have a case to answer and are put on their defence.
- Defence hearing scheduled for 20th June 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Karisa & another (Criminal Case 2 of 2018) [2024] KEHC 2786 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2786 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 2 of 2018
A. Ong’injo, J
March 14, 2024
Between
Republic
Prosecutor
and
Hamisi Hare Karisa
1st Accused
Said Mwamuye Mwalongo
2nd Accused
Ruling
1. The accused persons Hamisi Hare Karisa and Said Mwamuye Mwalongo 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 Hamisi Hare Karisa and Said Mwamuye Mwalongo on the 7th day of January 2018 at around 3. 00 am at Nyali Centre Area in Kisauni Sub-County, within Mombasa County jointly with others not before court murdered David Wokabi Kamau.
3. The prosecution called 8 witnesses to support its case that the accused person committed the offence herein. Counsels for the accused persons filed submissions on no case to answer and the matter was reserved for ruling.
4. From the evidence of the 8 prosecution 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 14TH DAY OF MARCH 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Wachenje Advocate for the 1st Accused PersonMr. Odundo Advocate for the 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 20. 6.2024. HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024