[2023] KEHC 19901 (KLR)
The court found that the prosecution, through the testimony of five witnesses, had established a prima facie case against the accused, Paul Johnson Museveni, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the standards set out in...
Source-derived case information.
- Citation
- [2023] KEHC 19901 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Johnson Museveni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his 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
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Parties
Republic
Applicant
Paul Johnson Museveni
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.
- 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, through the testimony of five witnesses, had established a prima facie case against the accused, Paul Johnson Museveni, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the standards set out in Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and must proceed to present his defence.
Court Disposition
Accused found to have a case to answer and placed 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
18 paragraphs
Republic v Museveni (Criminal Case 11 of 2020) [2023] KEHC 19901 (KLR) (22 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19901 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 11 of 2020
A. Ong’injo, J
June 22, 2023
Between
Republic
Prosecution
and
Paul Johnson Museveni
Accused
Ruling
1. The accused Paul Johnson Museveni faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that Paul Johnson Museveni between the period of April 21, 2020 and April 25, 2020 at Mgandini Village, Vipingo Sub-County within Kilifi County jointly with others not before court murdered Margaret Mwende Kioko. The prosecution called 5 witnesses to support its case. Counsel for the accused person did not file submissions.
3. From the evidence of the 5 prosecution witnesses, this court finds that a prima facie case has been established sufficient 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 22ND DAY OF JUNE 2023HON. LADY JUSTICE A. ONG’INJOJUDGE