[2022] KEHC 2775 (KLR)
The court found that the prosecution had adduced sufficient evidence through its six witnesses to establish a prima facie case against the accused, Mwabili Kirigha, for the offence of murder. The evidence presented, if believed, could support a conviction. Therefore, the accused was placed on his defence in...
Source-derived case information.
- Citation
- [2022] KEHC 2775 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwabili Kirigha
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on defence; defence hearing scheduled.
- 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
Mwabili Kirigha
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
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 its six witnesses to establish a prima facie case against the accused, Mwabili Kirigha, for the offence of murder. The evidence presented, if believed, could support a conviction. Therefore, the accused was placed on his defence in accordance with the requirements of Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the merits of the case at this stage but determined that the threshold for a prima facie case had been met.
Court Disposition
Accused placed on defence; defence hearing scheduled.
Orders
- The accused is placed on his defence.
- Defence hearing set for 12th May 2022.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL CASE NO. 7 OF 2018
REPUBLIC................PROSECUTOR
-VERSUS-
MWABILI KIRIGHA.......ACCUSED
RULING
1. The accused person Mwabili Kirigha is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars are that on the night of 7th October 2018 at Chunga Unga village in Mwatate sub-county within Taita Taveta County unlawfully assaulted Christopher Mwatabu Mpate resulting in his death on the 9th day of October 2018. The prosecution called 6 witnesses to support its case that the accused person committee the offence herein.
3. Having considered the evidence of the prosecution witnesses, this court is convinced that a prima facie case has been established sufficient to call upon the accused to answer to the charge. He is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 27TH DAY OF JANUARY, 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Mr. Mulamula holding brief for Mr. Simbi for the State
Mr. Musioma Advocate for the Accused Person
Accused present in person from Manyani Prison
Order: Defence hearing on 12. 5.2022. The Deputy Registrar to arrange for proceedings to be typed.
HON. LADY JUSTICE A. ONG’INJO
JUDGE