[2023] KEHC 23336 (KLR)
The court found that the prosecution, having called 14 witnesses, presented sufficient evidence to establish a prima facie case against the accused, Khamisi Said Kombo, for the murder of Wilson Munywoki Mulive. The evidence adduced, if believed, could support a conviction. Therefore, the accused is required to enter...
Source-derived case information.
- Citation
- [2023] KEHC 23336 (KLR)
- Parties
- Applicant: Republic; Defendant: Khamisi Said Kombo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to enter defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Khamisi Said Kombo
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 14 witnesses, presented sufficient evidence to establish a prima facie case against the accused, Khamisi Said Kombo, for the murder of Wilson Munywoki Mulive. The evidence adduced, if believed, could support a conviction. Therefore, the accused is required to enter his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the credibility or weight of the evidence at this stage, as the purpose of the ruling is solely to determine whether the accused has a case to answer.
Court Disposition
Accused found to have a case to answer and ordered to enter defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 9th November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Kombo (Criminal Case E008 of 2020) [2023] KEHC 23336 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 23336 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E008 of 2020
A. Ong’injo, J
September 28, 2023
Between
Republic
Prosecutor
and
Khamisi Said Kombo
Accused
Ruling
1. The accused person Khamisi Said Kombo faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the offence are that Khamisi Said Kombo on the 9th day of September 2020 at Bin Saife Properties, at Splendid Mwembe Tayari, within Mombasa Town within Mombasa County murdered Wilson Munywoki Mulive.
3. The prosecution called 14 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused person on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 28TH DAY OF SEPTEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Mwawasi Advocate H/B for Mr. Mwaboza Advocate for the AccusedAccused present in personOrder: Defence hearing on 9. 11. 2023. Notice to Mr. Mwaboza Advocate by the registry.