[2024] KEHC 1648 (KLR)
The court found that the prosecution had called nine witnesses whose evidence, together with the exhibits produced, established a prima facie case against the accused. The judge was satisfied that the evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 306 of...
Source-derived case information.
- Citation
- [2024] KEHC 1648 (KLR)
- Parties
- Applicant: Republic; Defendant: Ambrose Mzera Malunju
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- DKN Magare
- Legal Topics
- Murder Charge, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ambrose Mzera Malunju
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had called nine witnesses whose evidence, together with the exhibits produced, established a prima facie case against the accused. The judge was satisfied that the evidence on record was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The ruling was therefore that the accused has a case to answer and is required to defend himself against the charge of murder.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused, Ambrose Mzera Malunju, is found to have a case to answer and is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Malunju (Criminal Case 4 of 2019) [2024] KEHC 1648 (KLR) (21 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1648 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 4 of 2019
DKN Magare, J
February 21, 2024
Between
Republic
Prosecutor
and
Ambrose Mzera Malunju
Accused
Ruling
1. Ambrose Mzera Malunju was charged that on 27/1/2019 at Golini Location Matuga Sub county within Kwale County murdered Renson Mwasingo Mwangemi.
2. On 23/10/2023 parties took direction before Honourable Lady Justice Ongi’ijo under Section 200 of the Criminal Procedure Code to proceed from where the matter had reached.
3. Earlier, 6 witnesses had testified for the Prosecution. On 28th November, 2023 during the further hearing of the Prosecution’s case, I heard and recorded the evidence of PW7, PW8 and Pw9. Thereafter, a total of 9 witnesses testified for the Prosecution.
4. I have perused the Court file, and exhibits, where the 9 witnesses testified. I am satisfied that the prosecution has established a prima facie evidence to enable the Court to call the Accused to defend himself. I consider the evidence on record sufficient to call upon the Accused to defend himself. I therefore find that the Accused have a case to answer. I put the Accused person on his defence in accordance with Section 306 of the Criminal Procedure Code.
DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 21ST DAY OF FEBRUARY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:Miss Nyawinda for the StateMr. Wameyo for AccusedCourt Assistant - Brian