[2024] KEHC 3138 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused person, Moses Yeri 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...
Source-derived case information.
- Citation
- [2024] KEHC 3138 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Yeri Kombe
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2022
- 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
Moses Yeri Kombe
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.
Ratio Decidendi
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused person, Moses Yeri 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 in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to defend himself against the charge of murder.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- Accused is put on his defence.
- Defence hearing scheduled for 25th June 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kombe (Criminal Case E008 of 2022) [2024] KEHC 3138 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3138 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E008 of 2022
A. Ong’injo, J
March 14, 2024
Between
Republic
Prosecutor
and
Moses Yeri Kombe
Accused
Ruling
1. The accused person Moses Yeri 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 Moses Yeri Kombe on 10th day of January 2022 at Kashani Area in Kisauni Sub-County within Mombasa County jointly with another not before court murdered Dalmas Adwet Winyo.
3. The prosecution called 10 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 10 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 14TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Chacha Mwita Advocate for the Accused PersonAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Accused informed on how he can defend himself.Mr. Chacha Advocate: Accused will tender sworn statement and call one witness.Order: Defence hearing on 25. 6.2024HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024