[2023] KEHC 608 (KLR)
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused persons sufficient to require them to be put on their defence. The evidence presented by the prosecution, if believed, could support a conviction. Therefore, the accused persons have a case to...
Source-derived case information.
- Citation
- [2023] KEHC 608 (KLR)
- Parties
- Applicant: Republic; Defendant: Kalongo Tsimba Mamanja; Defendant: Ngala Lwayo Ngolo; Defendant: Kazungu Mwaruwa Garero
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and ordered to present their defence.
- 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
Kalongo Tsimba Mamanja
Defendant
Ngala Lwayo Ngolo
Defendant
Kazungu Mwaruwa Garero
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 persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused persons sufficient to require them to be put on their defence. The evidence presented by the prosecution, if believed, could support a conviction. Therefore, the accused persons have a case to answer and are called upon to present their defence in accordance with the law.
Court Disposition
Accused persons found to have a case to answer and ordered to present their defence.
Orders
- The accused persons are found to have a case to answer and are called upon to defend themselves.
- Defence hearing scheduled for 6th March 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Mamanja & 2 others (Criminal Case 40 of 2018) [2023] KEHC 608 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 608 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 40 of 2018
A. Ong’injo, J
February 9, 2023
Between
Republic
Prosecutor
and
Kalongo Tsimba Mamanja
1st Accused
Ngala Lwayo Ngolo
2nd Accused
Kazungu Mwaruwa Garero
3rd Accused
Ruling
1. The accused persons Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero face 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 Kalongo Tsimba Mamanja, Ngala Lwayo Ngolo and Kazungu Mwaruwa Garero on the July 13, 2018 at 1100hrs at Shika Adabu in Rabai Location of Rabai Sub-County within Kilifi County jointly murdered Chisubi Dzaya Nyenjere.
3. The prosecution called 5 witnesses to support its case that the accused committee the offence herein. Counsels for the accused persons did not file submissions and the matter was reserved or ruling.
4. From the evidence of the five witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 9TH DAY OF FEBRUARY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Chamwada Advocate for the 1st Accused - PresentMr. Egunza Advocate holding brief for Mr. Ochieng’ Advocate for the 2nd AccusedMr. Chamwada Advocate holding brief for Mr. Ajigo Advocate for the 3rd AccusedNo appearance for 1st AccusedNo appearance for 2nd Accused3rd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Chamwada AdvocateWe pray for a date for defence. I will consult my clients to confirm how they will defend themselves.Mr. Egunza AdvocateMr. Ochieng’s client will elect on hearing date how they want to testify.Order: Defence hearing on 6th March 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE9th February 2023