[2013] KEHC 3365 (KLR)
The court found that the prosecution had adduced sufficient evidence through eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with the law. The ruling is limited to the sufficiency of the...
Source-derived case information.
- Citation
- [2013] KEHC 3365 (KLR)
- Parties
- Respondent: Republic; Defendant: Musee Kivunga Mukule
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2009
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and ordered to give his defence.
- Judges
- JV Juma
- 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
Respondent
Musee Kivunga Mukule
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through eight witnesses to establish a prima facie case against the accused for the offence of murder. Consequently, the accused is required to give his defence in accordance with the law. The ruling is limited to the sufficiency of the prosecution's evidence at this stage and does not amount to a finding of guilt.
Court Disposition
Accused found to have a case to answer and ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
- Hearing set for 6th June, 2013 for defence.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Case 30 of 2009 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
REPUBLIC................................................................PROSECUTION
VERSUS
MUSEE KIVUNGA MUKULE............................................ACCUSED
RULING
The accused MUSEE KIVUNGA MUKELE faces a charge of MURDER CONTRARY TO SECTION203 as read with SECTION 204 OF THE PENAL CODE. The prosecution led by MR. ONSERO, learned state counsel called a total of eight (8) witnesses in support of their case. I have examined the evidence adduced by the prosecution in this matter.It is my finding that a prima facie case has been established.
As such I do direct that the accused shall give his defence to this charge.
Dated and delivered in Mombasa this 30th day of May, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Onjoro h/b Mr. Aziz for Accused
Mr. Onserio for State
Court Clerk Mutisya
Court:
Hearing on 6th June, 2013 for defence.
M. ODERO
JUDGE
30TH MAY, 2013