[2023] KEHC 20479 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against all four accused persons 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(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2023] KEHC 20479 (KLR)
- Parties
- Applicant: Republic; Defendant: Mbito Njei Kibarua; Defendant: Mwingo Kasiko Mwingo; Defendant: Lete Mwaiwe Mwero; Defendant: Kombo Kwaka Chindoro
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2019
- 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 Charge, 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
Mbito Njei Kibarua
Defendant
Mwingo Kasiko Mwingo
Defendant
Lete Mwaiwe Mwero
Defendant
Kombo Kwaka Chindoro
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 charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against all four accused persons 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(2) of the Criminal Procedure Code. The court explained the accused persons' rights under Section 211 of the Criminal Procedure Code and set the matter for defence hearing, thereby ruling that the accused have a case to answer.
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 3rd October 2023.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Kibarua & 3 others (Criminal Case 8 of 2019) [2023] KEHC 20479 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20479 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 8 of 2019
A. Ong’injo, J
July 13, 2023
Between
Republic
Prosecutor
and
Mbito Njei Kibarua
1st Accused
Mwingo Kasiko Mwingo
2nd Accused
Lete Mwaiwe Mwero
3rd Accused
Kombo Kwaka Chindoro
4th Accused
Ruling
1. The accused persons Mbito Njei Kibarua, Mwingo Kasiko Mwingo,lete Mwaiwe Mwero, Kombo Kwaka Chindoro face a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Particulars of the offence are that Mbito Njei Kibarua, Mwingo Kasiko Mwingo, Lete Mwaiwe Mwero, Kombo Kwaka Chindoro on the 11th day of March 2019 at Gandini Village in Gandini sub-location within Kinango Sub-County of Kwale County murdered Mbito Mgandi.
3. The prosecution called 10 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Egunza Advocate for the 1st AccusedMr. Ngaine Advocate for the 2nd Accused – Mr. Egunza Advocate holding briefMr. Gitari Advocate for the 3rd Accused – Mr. Bosire Advocate holding briefMr. Bosire Advocate for the 4th Accused1st Accused present in person2nd Accused present in person3rd Accused present in person in custodyHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC explained to accused personsMr. Egunza: 1st Accused will give sworn statement. I will take up Mr. Gitari’s client.Mr. Bosire: 4th Accused will give sworn statement and call 2 witnessesOrder:Defence hearing on 3. 10. 2023. 3 accused persons and 2 witnesses for the 4th Accused.Notice to Mr. Gitari and Mr. Ngaine.Registry to supply photocopies of proceedings to the 3rd Accused in custody.Mr. Egunza to take up Mr. Gitari’s matter.HON. LADY JUSTICE A. ONG’INJOJUDGE13. 7.2023