[2023] KEHC 25468 (KLR)
The court found that the prosecution, having called 11 witnesses, established a prima facie case against the accused, Mgandi Mambo Mugandi, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on his...
Source-derived case information.
- Citation
- [2023] KEHC 25468 (KLR)
- Parties
- Applicant: Republic; Defendant: Mgandi Mambo Mugandi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mgandi Mambo Mugandi
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 to warrant putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called 11 witnesses, established a prima facie case against the accused, Mgandi Mambo Mugandi, for the offence of murder as charged under Section 203 as read with Section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and should proceed to defend himself against the charge of murder.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence.
- Defence hearing scheduled for 29th January 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Mugandi (Criminal Case E008 of 2023) [2023] KEHC 25468 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25468 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E008 of 2023
A. Ong’injo, J
November 16, 2023
Between
Republic
Prosecutor
and
Mgandi Mambo Mugandi
Accused
Ruling
1. The accused person Mgandi Mambo Mugandi faces 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 Mgandi Mambo Mugandi on the 4th day of February 2023 at Mwashanga Village in Mwatate Location, Mavirivirini Area in Samburu Sub-County within Kwale County murdered Ngandu Chiboko.
3. The prosecution called 11 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person did not file submissions and the matter was reserved or ruling.
4. From the evidence of the 11 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 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri for the StateMs. Munyari Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE16. 11. 2023