[2012] KEHC 3888 (KLR)
The court found that the prosecution had adduced sufficient evidence through twelve witnesses to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Source-derived case information.
- Citation
- [2012] KEHC 3888 (KLR)
- Parties
- Respondent: Republic; Defendant: Magangi Mongo Dzidzi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2007
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Magangi Mongo Dzidzi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through twelve witnesses to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MOMBASA
Criminal Case 28 of 2007
REPUBLIC........................................................................................PROSECUTION
=VERSUS=
MAGANGI MONGO DZIDZI......................................................................ACCUSED
RULING
The accused MAGANGI MONGO DZIDZI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of twelve (12) witnesses in support of their case. I have carefully considered the evidence adduced by the prosecution witnesses. In my view a prima facie case has been established against the accused. I therefore direct that the accused shall give his defence to this charge.
Dated and Delivered in Mombasa this 12th day of June 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Chimaka holding brief for Mr. Nyage for accused
Mr. Onserio for State