[2023] KEHC 26005 (KLR)
The court found that the prosecution had adduced sufficient evidence through 15 witnesses to establish a prima facie case against the accused persons. The evidence on record, when considered as a whole, was deemed adequate to require the accused to be put on their defence in accordance with section 306 of the...
Source-derived case information.
- Citation
- [2023] KEHC 26005 (KLR)
- Parties
- Applicant: Republic; Defendant: Chilango Kalama Kiti; Defendant: Kiti Ngombo Tinga; Defendant: Ziro Lewa Ndugo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and put on their defence.
- Judges
- DKN Magare
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chilango Kalama Kiti
Defendant
Kiti Ngombo Tinga
Defendant
Ziro Lewa Ndugo
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 put on their defence.
- 2 Whether the evidence on record is sufficient to call upon the accused to defend themselves under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through 15 witnesses to establish a prima facie case against the accused persons. The evidence on record, when considered as a whole, was deemed adequate to require the accused to be put on their defence in accordance with section 306 of the Criminal Procedure Code. The court therefore ruled that all three accused persons have a case to answer and must proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer and put on their defence.
Orders
- All three accused persons are put on their defence in accordance with section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kiti & 2 others (Criminal Case 5 of 2017) [2023] KEHC 26005 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26005 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 5 of 2017
DKN Magare, J
November 23, 2023
Between
Republic
Prosecutor
and
Chilango Kalama Kiti
1st Accused
Kiti Ngombo Tinga
2nd Accused
Ziro Lewa Ndugo
3rd Accused
Ruling
1. The two Chilango Kalama Kiti, Kiti Ngombo Tinga and Ziwa Lewa Ndugo were charged that on the night of 22/23/1/2017 at Gambini Village Chonyi Division within Kilifi County murdered Daniel Nzai Kombe.
2. This matter proceeded before Justice Njoki Mwangi. On 3/11/2023 she returned the file that she can no longer proceed. The Presiding Judge assigned me the file on 9/11/2023. I fixed the mater for directions on 23/11/2023.
3. On 23/11/2023 parties took direction under section 200 of the Criminal P Procedure Code to proceed from where the mater had reached. I have perused the court file, and exhibits, where 15 witnesses testified. I am satisfied that the prosecution has prima facie evidence to enable the court to call the Accused to defend themselves. I consider the evidence on record sufficient to call upon Accused 1, 2 and 3 to defend themselves. I therefore find the accused have a case to answer. I put all the 3 Accused person on their defence in according to section 306 of the Criminal Procedure Code.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MOMBASA ON THIS 23RD DAY OF NOVEMBER, 2023. KIZITO MAGAREJUDGEIn the presence of: -Mr. Were for Lijoodi for the Accused personsMs Anyumba for Ms NyawindaSgt. Fredrick Wale*All Accused presentCourt Assistant – BrianM.D. KIZITO, J.