[2023] KEHC 24631 (KLR)
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused, Mwarua Daniel Musa, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code....
Source-derived case information.
- Citation
- [2023] KEHC 24631 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwarua Daniel Musa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2018
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to present defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mwarua Daniel Musa
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 putting him on his defence.
- 2 Whether the evidence adduced by the prosecution meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called five witnesses, established a prima facie case against the accused, Mwarua Daniel Musa, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.
Court Disposition
Accused found to have a case to answer and ordered to present defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 13th November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Musa (Criminal Case 44 of 2018) [2023] KEHC 24631 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24631 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 44 of 2018
A. Ong’injo, J
October 12, 2023
Between
Republic
Prosecutor
and
Mwarua Daniel Musa
Accused
Ruling
1. The accused Mwaura Daniel Musa 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 Mwaura Daniel Musa on the evening of 9th September 2018 at Majimoto village, Mamba Location in Lungalunga Sub-County within Kwale County murdered Jackson Musyoka Joseph.
3. The prosecution called 5 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. From the evidence of the 5 prosecution witnesses, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 12TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Kerubo Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 13. 11. 2023. Notice to defence counsel.HON. LADY JUSTICE A. ONG’INJOJUDGE