[2024] KEHC 2543 (KLR)
The court found that the prosecution, through the testimony of 8 witnesses, had established a prima facie case against the accused, Baraka Kombe, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put...
Source-derived case information.
- Citation
- [2024] KEHC 2543 (KLR)
- Parties
- Applicant: Republic; Defendant: Baraka Kombe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2023
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to put 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
Baraka Kombe
Defendant
Procedural Posture
Criminal Case / Ruling on No 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.
Ratio Decidendi
The court found that the prosecution, through the testimony of 8 witnesses, had established a prima facie case against the accused, Baraka Kombe, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on his defence. Accordingly, the court ruled that the accused has a case to answer and should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer and ordered to put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 24th May 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kombe (Criminal Case E005 of 2023) [2024] KEHC 2543 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2543 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E005 of 2023
A. Ong’injo, J
March 7, 2024
Between
Republic
Prosecutor
and
Baraka Kombe
Accused
Ruling
1. The accused Baraka Kombe faces 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 Baraka Kombe on the 25th day of November 2022 at Kijipwa Area in Kilifi Sub-County within Kilifi County murdered Tabu Mwembe.
3. The prosecution called 8 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person filed submissions on no case to answer and the matter was reserved for ruling.
4. From the evidence of the 8 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 7TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Mwawasi Advocate for the Accused PersonAccused present in personMr. Mwawasi Advocate: We can take a date for defence hearing. We shall confirm whether the accused will give sworn or unsworn evidence.Order: Defence hearing on 24. 5.2024.