[2023] KEHC 24634 (KLR)
The court found that the prosecution, having called 11 witnesses, established a prima facie case against the accused, Robert Waliaula Kinisu, for the murder of Jacqueline Ngina Kitheka. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the...
Source-derived case information.
- Citation
- [2023] KEHC 24634 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Waliaula Kinisu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; matter proceeds to defence hearing.
- 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
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Parties
Republic
Applicant
Robert Waliaula Kinisu
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 is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 11 witnesses, established a prima facie case against the accused, Robert Waliaula Kinisu, for the murder of Jacqueline Ngina Kitheka. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and directed that the defence hearing be scheduled.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 3rd November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kinisu (Criminal Case E018 of 2021) [2023] KEHC 24634 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24634 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E018 of 2021
A. Ong’injo, J
October 12, 2023
Between
Republic
Prosecutor
and
Robert Waliaula Kinisu
Accused
Ruling
1. The accused Robert Waliaula Kinisu faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars of the offence are that Robert Waliaula Kinisu on an unknown date and time between the 3rd day of May 2021 and 6th May 2021, at Marina Area within Mtwapa Township in Kilifi County murdered Jacqueline Ngina Kitheka.
3. The prosecution called 11 witnesses to support its case. Counsel for the accused person did not file submissions. From the evidence of the 11 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 12TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Mwanzia Advocate for the AccusedAccused present in personSection 211 of the CPC explained to the accused personsMr. Mwanzia Advocate: I will take court’s direction as to defence hearing dateOrder:Defence hearing on 3. 11. 2023HON. LADY JUSTICE A. ONG’INJOJUDGE12. 10. 2023