[2014] KEHC 6987 (KLR)

[2014] KEHC 6987 (KLR)

The court found that the prosecution had established a prima facie case against the 1st to 7th accused persons based on the evidence of twenty-six witnesses, thereby requiring them to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. However, with respect to the 8th accused,...

Source-derived case information.

Citation
[2014] KEHC 6987 (KLR)
Parties
Applicant: Republic; Defendant: Mohammed Dadi Kokane alias Gabo; Defendant: Alfred Njuruka Makoko; Defendant: Samwel Mwachala Mwaghania; Defendant: James Chacha Mwita; Defendant: Daniel Mdachi Mnene Suleiman; Defendant: Osman Abdi Hussein; Defendant: Crispus Mkungunzi Mngolia; Defendant: Regea Omar Salim
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 21 of 2010
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Outcome
Partial acquittal; 8th accused acquitted, others to be put on their defence.
Judges
JV Juma
Legal Topics
Murder, Prima Facie Case, Acquittal, Criminal Procedure, Burden of Proof
Source Language
en
Criminal Law Murder Prima Facie Case Acquittal Criminal Procedure Burden of Proof

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Parties

Republic

Applicant

Mohammed Dadi Kokane alias Gabo

Defendant

Alfred Njuruka Makoko

Defendant

Samwel Mwachala Mwaghania

Defendant

James Chacha Mwita

Defendant

Daniel Mdachi Mnene Suleiman

Defendant

Osman Abdi Hussein

Defendant

Crispus Mkungunzi Mngolia

Defendant

Regea Omar Salim

Defendant

Procedural Posture

Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against each accused person to warrant their being put on their defence.
  2. 2 Whether the 8th accused should be acquitted under section 306(1) of the Criminal Procedure Code.

Ratio Decidendi

The court found that the prosecution had established a prima facie case against the 1st to 7th accused persons based on the evidence of twenty-six witnesses, thereby requiring them to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. However, with respect to the 8th accused, the court determined that the prosecution had failed to establish a prima facie case. Consequently, the 8th accused was acquitted under section 306(1) of the Criminal Procedure Code and ordered to be set at liberty unless otherwise lawfully held. The reasons for this decision regarding the 8th accused would be detailed in the final judgment.

Court Disposition

Partial acquittal; 8th accused acquitted, others to be put on their defence.

Orders

  • The 8th accused, Regea Omar Salim, is acquitted under section 306(1) of the Criminal Procedure Code and is to be set at liberty forthwith unless otherwise lawfully held.
  • The 1st to 7th accused persons are to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code.