[2022] KEHC 1562 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused, Kauly Dzombo Kitti, sufficient to require him to be put on his defence for the charge of murder. The evidence presented, if believed, could support a conviction. Accordingly, the accused...
Source-derived case information.
- Citation
- [2022] KEHC 1562 (KLR)
- Parties
- Applicant: Republic; Defendant: Kauly Dzombo Kitti
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- 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
Kauly Dzombo Kitti
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.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused, Kauly Dzombo Kitti, sufficient to require him to be put on his defence for the charge of murder. The evidence presented, if believed, could support a conviction. Accordingly, the accused was informed of his right to give sworn evidence and the matter was set down for defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be put on his defence.
- Defence hearing scheduled for 7th April 2022.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 12 OF 2020
REPUBLIC………………………………………………….PROSECUTOR
-VERSUS-
KAULY DZOMBO KITTI……………………………………….ACCUSED
R U L I N G
1. The accused Kauly Dzombo Kitti is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars are that Kauly Dzombo Kitti on the 11th day of May 2020 at Vivesi village in Kizingo Sublocation, Chonyi Sub-County within Kilifi County jointly with others not before court murdered Gabriel Munga Mwaidza.
3. The prosecution tendered evidence of 6 witnesses who according to this court raised a prima facie case sufficient to call upon the accused person herein to answer to. The accused has a case to answer and is placed on his defence.
Dated, signedand delivered in open court this 8th day of March 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel - Court assistant
Ms. Ongeti for state
Mr. Were Advocate hold brief for Mr. Okanga Advocate
Accused – Present in person
Hon. Lady Justice A. Ong’injo J
8/03/2022
Mr. Were Advocate
We can take a date for hearing. Accused will give sworn evidence and will not call any witness.
Order
Defence hearing – 7/4/2022
Hon. Lady Justice A. Ong’injo J
8/03/2022