[2022] KEHC 15376 (KLR)
The court found that the evidence adduced by the six prosecution witnesses established a prima facie case against the accused for the offence of murder. Accordingly, the accused was found to have a case to answer and was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2022] KEHC 15376 (KLR)
- Parties
- Applicant: Republic; Defendant: Papa Boutros Martin
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer (close of Prosecution Case)
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Papa Boutros Martin
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer (close of Prosecution Case)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the accused should be placed on his defence.
Ratio Decidendi
The court found that the evidence adduced by the six prosecution witnesses established a prima facie case against the accused for the offence of murder. Accordingly, the accused was found to have a case to answer and was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the evidence at this stage but determined that the threshold for a case to answer had been met.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 19/01/2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Martin (Criminal Case E007 of 2020) [2022] KEHC 15376 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15376 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E007 of 2020
A. Ong’injo, J
November 3, 2022
Between
Republic
Prosecutor
and
Papa Boutros Martin
Accused
Ruling
1. The accused Papa Boutros Martin is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that the accused person on the 25th day of September 2020 at Mrima Primary School in Likoni Sub-county within Mombasa County murdered Hussein Mwakavi Daniel.
3. From the evidence of the 6 prosecution witnesses, this court finds that a prima faciecase has been established for the offence of murder. The accused has a case to answer and he is placed on his defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMs. Anyumba for StateMs. Atieno Advocate hold brief for Ms. Ayieko Advocate for AccusedAccused – Present in personHon. Lady Justice A. Ong’injo J3/11/2022Ms. AtienoAccused will give sworn evidence.Defence hearing on 19/01/2023. Hon. Lady Justice A. Ong’injo J3/11/2022