[2024] KEHC 3136 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused persons, Sabina Wanjala Kinyili and Lodi Muzungu. The evidence presented was sufficient to require the accused to be put on their defence in accordance with Section 306(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2024] KEHC 3136 (KLR)
- Parties
- Applicant: Republic; Defendant: Sabina Wanjala Kinyili; Defendant: Lodi Muzungu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sabina Wanjala Kinyili
Defendant
Lodi Muzungu
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 putting them on their defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused persons, Sabina Wanjala Kinyili and Lodi Muzungu. The evidence presented 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 both accused persons have a case to answer for the charge of murder as defined under Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- Both accused persons are found to have a case to answer and are put on their defence.
- Defence hearing scheduled for 24th June 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kinyili & another (Criminal Case 28 of 2017) [2024] KEHC 3136 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3136 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 28 of 2017
A. Ong’injo, J
March 14, 2024
Between
Republic
Prosecutor
and
Sabina Wanjala Kinyili
1st Accused
Lodi Muzungu
2nd Accused
Ruling
1. The accused persons Sabina Wanjala Kinyili and Lodi Muzungu 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 Sabina Wanjala Kinyili and Lodi Muzungu on the night of 29th day of May 2017 at Mtwapa Township within Kilifi County in the Republic of Kenya jointly with others not before court murdered Delgrosso Uga.
3. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein and the matter was reserved for ruling.
4. From the evidence of the 6 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: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Njoroge Advocate for the 1st Accused PersonMs. Mbaka Advocate H/B for Ms. Musyoki Advocate for the 2nd Accused Person1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence Hearing on 24. 6.2024HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024