[2022] KEHC 508 (KLR)
The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged. The evidence presented by the prosecution witnesses was adequate to make out a prima facie case against the accused, Jacob Musyoka Kilonzo, necessitating that he be placed...
Source-derived case information.
- Citation
- [2022] KEHC 508 (KLR)
- Parties
- Applicant: Republic; Defendant: Jacob Musyoka Kilonzo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 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.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- 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
Jacob Musyoka Kilonzo
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 his being placed on his defence.
Ratio Decidendi
The court found that the prosecution's evidence, if believed, would be sufficient to establish the elements of the offence of murder as charged. The evidence presented by the prosecution witnesses was adequate to make out a prima facie case against the accused, Jacob Musyoka Kilonzo, necessitating that he be placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make a determination on guilt but ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 7th June 2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kilonzo (Criminal Case 8 of 2020) [2022] KEHC 508 (KLR) (19 May 2022) (Ruling)
Neutral citation: [2022] KEHC 508 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 8 of 2020
ACA Onginjo, J
May 19, 2022
Between
Republic
Prosecution
and
Jacob Musyoka Kilonzo
Accused
Ruling
1. The accused Jacob Kilonzo Musyoka 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 the accused on the night of 13th and 14th of February 2020 at KTDA area in Miritini at Jomvu sub-county within Mombasa County murdered Venant Mwaivu Mwabi.
3. The evidence of the prosecution witness has raised a prima facie case against the accused and he has a case to answer. He is placed on his defence.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 19TH DAY OF MAY, 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel – Court AssistantAccused – Present in personMr. Nyamboye for Accused personMr. Ngiri for StateMr. Nyamboye – will give sworn evidence, no witnessORDER: Defence hearing on 7th June 2022. HON. LADY JUSTICE A. ONG’INJOJUDGE