[2023] KEHC 23332 (KLR)

[2023] KEHC 23332 (KLR)

The court found that the prosecution had called nine witnesses whose evidence, taken at its highest, established a prima facie case against all accused persons. The court was satisfied that the evidence was sufficient to require the accused to be put on their defence for the charge of murder. Accordingly, the...

Source-derived case information.

Citation
[2023] KEHC 23332 (KLR)
Parties
Applicant: Republic; Defendant: Sidi Menza Mbogo; Defendant: Lugo Menza Mbogo; Defendant: Lilian Menza Mbogo Alias Taabu; Defendant: Steward Maitha Masha Alias Asa Vosa; Defendant: Safari Mbogo Menza; Defendant: Nixon Amani Kitsao Alias Tembele
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 1 of 2014
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Accused persons found to have a case to answer and placed on their defence.
Judges
A. Ong’injo
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Sidi Menza Mbogo

Defendant

Lugo Menza Mbogo

Defendant

Lilian Menza Mbogo Alias Taabu

Defendant

Steward Maitha Masha Alias Asa Vosa

Defendant

Safari Mbogo Menza

Defendant

Nixon Amani Kitsao Alias Tembele

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
  2. 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.

Ratio Decidendi

The court found that the prosecution had called nine witnesses whose evidence, taken at its highest, established a prima facie case against all accused persons. The court was satisfied that the evidence was sufficient to require the accused to be put on their defence for the charge of murder. Accordingly, the accused persons were found to have a case to answer and were placed on their defence in accordance with Section 306(2) of the Criminal Procedure Code.

Court Disposition

Accused persons found to have a case to answer and placed on their defence.

Orders

  • Accused persons are placed on their defence.
  • Defence hearing scheduled for 9th November 2023.