[2024] KEHC 1562 (KLR)
The court found that the prosecution, having called 13 witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence, as it disclosed the essential elements of the offence of murder and sufficiently linked the accused to...
Source-derived case information.
- Citation
- [2024] KEHC 1562 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Mwalimu Mwabagizo; Defendant: Masudi Helefu Chinzele
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer; matter to proceed to defence hearing.
- 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
Hamisi Mwalimu Mwabagizo
Defendant
Masudi Helefu Chinzele
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 persons to warrant them being put on their 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, having called 13 witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence, as it disclosed the essential elements of the offence of murder and sufficiently linked the accused to the crime. The court therefore ruled that the accused persons have a case to answer and should proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer; matter to proceed to defence hearing.
Orders
- The accused persons are found to have a case to answer and are put on their defence.
- Defence hearing scheduled for 20th March 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Mwabagizo & another (Criminal Case 18 of 2020) [2024] KEHC 1562 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1562 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 18 of 2020
A. Ong’injo, J
February 15, 2024
Between
Republic
Prosecutor
and
Hamisi Mwalimu Mwabagizo
1st Accused
Masudi Helefu Chinzele
2nd Accused
Ruling
1. The accused persons Hamisi Mwalimu Mwabagizo and Masudi Helefu Chinzele face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that Hamisi Mwalimu Mwabagizo and Masudi Helefu Chinzele on the 14th day of July 2018 at Kinondoni Shopping Center in Msambweni Sub-County within Kwale County jointly with others not before court murdered No. 93421 PC Sylvester Mawia Mutunga.
3. The prosecution called 13 witnesses to support its case that the accused person committed the offence herein and the matter was reserved for ruling.
4. From the evidence of the 13 prosecution witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
Dated, signed and delivered in Open Court/online through MS TEAMS, this 15th day of February 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Hamisi Salim H/B for Mr. Aboubakar Advocate for Accused Persons1st Accused present in person2nd Accused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 20. 3.2024HON. LADY JUSTICE A. ONG’INJOJUDGE15. 2.2024