[2023] KEHC 20296 (KLR)
The court found that the prosecution, having called 8 witnesses, established a prima facie case against the accused, Happy Mwenda Mumba, sufficient to require her to be placed on her defence. The evidence presented, if believed, could support a conviction for murder as charged under Section 203 as read with Section...
Source-derived case information.
- Citation
- [2023] KEHC 20296 (KLR)
- Parties
- Applicant: Republic; Defendant: Happy Mwenda Mumba
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E018 of 2022
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and placed on her 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Happy Mwenda Mumba
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 being placed on her defence.
- 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, having called 8 witnesses, established a prima facie case against the accused, Happy Mwenda Mumba, sufficient to require her to be placed on her defence. The evidence presented, if believed, could support a conviction for murder as charged under Section 203 as read with Section 204 of the Penal Code. Accordingly, the court ruled that the accused has a case to answer and should proceed to present her defence.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- Accused to be placed on her defence.
- Defence hearing scheduled for July 21, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mumba (Criminal Case E018 of 2022) [2023] KEHC 20296 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20296 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E018 of 2022
A. Ong’injo, J
July 6, 2023
Between
Republic
Prosecutor
and
Happy Mwenda Mumba
Accused
Ruling
1. The accused Happy Mwenda Mumba faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars of the offence are that Happy Mwenda Mumba on the 7th day of July 2022 at Bombo Area in Kisauni sub-county within Mombasa County murdered Alvin Mumba. The prosecution called 8 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer.
3. From the evidence of the 8 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. She has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 6TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Were Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPCexplained to the accused person.Mr. Were: We can have a date for defence hearing. The accused will give sworn testimony.Orders: Defence hearing on July 21, 2023HON. LADY JUSTICE A. ONG’INJOJUDGE