[2023] KEHC 23335 (KLR)
The court found that the prosecution, having called 10 witnesses, established a prima facie case against the accused, Mutuse Mutinda, 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(2) of the Criminal Procedure Code. The...
Source-derived case information.
- Citation
- [2023] KEHC 23335 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutuse Mutinda
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; ordered to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutuse Mutinda
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, having called 10 witnesses, established a prima facie case against the accused, Mutuse Mutinda, 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(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer; ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 14 November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mutinda (Criminal Case E016 of 2020) [2023] KEHC 23335 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 23335 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E016 of 2020
A. Ong’injo, J
September 28, 2023
Between
Republic
Prosecutor
and
Mutuse Mutinda
Accused
Ruling
1. The accused person Mutuse Mutinda faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the offence are that Mutuse Mutinda on the October 23, 2020 at Miritini Estate in Jomvu Sub-county within Mombasa County murdered Judith Mueni Mwanzia.
3. The prosecution called 10 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused person on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF SEPTEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Masolia Advocate for the Accused present in courtAccused present in person present in Shimo La Tewa PrisonHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence Hearing on 14. 11. 2023HON. LADY JUSTICE A. ONG’INJOJUDGE