[2021] KEHC 8083 (KLR)
The court found that the prosecution, through the testimony of five witnesses, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused has...
Source-derived case information.
- Citation
- [2021] KEHC 8083 (KLR)
- Parties
- Applicant: Republic; Defendant: Musembi Musyoka Musembi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Musembi Musyoka Musembi
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, through the testimony of five witnesses, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused has a case to answer and must proceed to present his defence.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is placed on his 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. 14 OF 2018
REPUBLIC.......................................................DPP
VERSUS
MUSEMBI MUSYOKA MUSEMBI....ACCUSED
R U L I N G
1. The accused Musembi Musyoka Musembi faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars are that on the 4th day of April 2018 at Mwamustefu Village, Mwareni Location, Lunga Lunga Subcounty within Kwale County murdered Musyoka Musembi Mutune.
3. The prosecution called, 5 witnesses to support its case that the accused committed the offence herein. From the evidence of those five witnesses, this court finds that the prosecution established a prima facie case sufficient to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 19TH DAY OF MARCH, 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE