[2024] KEHC 3137 (KLR)
The court found that the prosecution, having called 14 witnesses, established a prima facie case against the accused, Henry Thuku Kwira, for the offence of murder. 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....
Source-derived case information.
- Citation
- [2024] KEHC 3137 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Thuku Kwira
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2023
- 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
Henry Thuku Kwira
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, established a prima facie case against the accused, Henry Thuku Kwira, for the offence of murder. 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 must be given the opportunity to elect the manner of his defence.
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 26th June 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kwira (Criminal Case E003 of 2023) [2024] KEHC 3137 (KLR) (14 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3137 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E003 of 2023
A. Ong’injo, J
March 14, 2024
Between
Republic
Prosecutor
and
Henry Thuku Kwira
Accused
Ruling
1. The accused person Henry Thuku Kwirafaces 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 Henry Thuku Kwiraon 6th day of January 2023 at Mtongwe Location, Likoni Sub County within Mombasa County murdered Esnas Ipale Imwana.
3. The prosecution called 14 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 14 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. Weloba Advocate for the Accused PersonAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Accused person informed that he can elect to defend himself by sworn statement, unsworn statement or not to say anything.Mr. Weloba Advocate: I pray for defence hearing date when accused will elect how to defend himself.Order: Defence hearing on 26. 6.2024HON. LADY JUSTICE A. ONG’INJOJUDGE14. 3.2024