[2021] KEHC 9180 (KLR)
The court found that the evidence presented by the prosecution through eight witnesses was sufficient to establish a prima facie case against the accused, Mulfat Jamal Ismael, for the offence of murder. Consequently, the accused is required to be placed on her defence to answer to the charge as per the requirements...
Source-derived case information.
- Citation
- [2021] KEHC 9180 (KLR)
- Parties
- Applicant: Republic; Defendant: Mulfat Jamal Ismael
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on her defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mulfat Jamal Ismael
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 her being placed on her defence.
Ratio Decidendi
The court found that the evidence presented by the prosecution through eight witnesses was sufficient to establish a prima facie case against the accused, Mulfat Jamal Ismael, for the offence of murder. Consequently, the accused is required to be placed on her defence to answer to the charge as per the requirements of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is placed on her defence.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 4 OF 2020
REPUBLIC .................................................................PROSECUTOR
~VS~
MULFAT JAMAL ISMAEL...............................................ACCUSED
R U L I N G
1. The accused Mulfat Jamal faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Mulfat Jamal Ismael on the 20th day of January 2020 at Shonda Village in Likoni Subcounty within Mombasa County murdered Omar Mohamed Mwakitenji.
3. From the evidence of the 8 prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused on her defence. She has a case to answer.
Dated, signedand deliveredat Mombasathis11thday ofFebruary, 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE