[2021] KEHC 1034 (KLR)
The court found that the prosecution, through the evidence of four witnesses, established a prima facie case against the accused, Maxwell Mwaingolo, 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...
Source-derived case information.
- Citation
- [2021] KEHC 1034 (KLR)
- Parties
- Applicant: Republic; Defendant: Maxwell Mwaingolo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer; matter proceeds to defence hearing.
- 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
Maxwell Mwaingolo
Defendant
Procedural Posture
Criminal Case / Ruling on No 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, through the evidence of four witnesses, established a prima facie case against the accused, Maxwell Mwaingolo, 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 should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- The accused is put on his defence.
- Defence hearing scheduled for 4th February 2022.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 7 OF 2018
REPUBLIC..........................................................................................................PROSECUTOR
VERSUS
MAXWELL MWAIGOLO..........................................................................................ACCUSED
RULING
1. The accused person Maxwell Mwaingolo is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particulars are that on the 30th day of January 2018 at Kiembeni Bombo Village in Kisauni Sub-County within Mombasa County Murdered Rama Kombo Malau. The prosecution called 4 witnesses to support its case that the accused person committee the offence herein. Defence filed submissions for no case to answer and the matter was reserved or ruling.
3. From the evidence of the four 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 9TH DAY OF DECEMBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
TURUKI- COURT ASSISTANT
MR. MULAMULA FOR THE STATE
MR. WAFULA FOR THE ACCUSED – MR. AMANI ADVOCATE HOLDING BRIEF
ACCUSED PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO
JUDGE
MR. AMANI ADVOCATE
WE PRAY FOR A DATE FOR DEFENCE HEARING. WE SHALL ADDRESS THE COURT ON HOW ACCUSED WILL TESTIFY AFTER WE CONSULT.
ORDER: DEFENCE HEARING 4. 2.2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE