[2024] KEHC 2340 (KLR)
The court found that, upon consideration of the prosecution evidence and the defence submissions, a prima facie case had been established against each of the four accused persons. Consequently, the court ruled that all accused persons have a case to answer and must be put on their defence in accordance with Section...
Source-derived case information.
- Citation
- [2024] KEHC 2340 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Ngingo Mwachela; Defendant: Mathew Magenda Mwachala; Defendant: Jones Mwabingu Mungereza; Defendant: Rashid Salim Salim
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Each accused person found to have a case to answer and put on their defence.
- Judges
- GMA Dulu
- Legal Topics
- Case to Answer, Criminal Procedure, Section 211 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Henry Ngingo Mwachela
Defendant
Mathew Magenda Mwachala
Defendant
Jones Mwabingu Mungereza
Defendant
Rashid Salim Salim
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused person to warrant putting them on their defence.
Ratio Decidendi
The court found that, upon consideration of the prosecution evidence and the defence submissions, a prima facie case had been established against each of the four accused persons. Consequently, the court ruled that all accused persons have a case to answer and must be put on their defence in accordance with Section 211 of the Criminal Procedure Code. The judge further directed that the accused be informed of their rights and options under the said section.
Court Disposition
Each accused person found to have a case to answer and put on their defence.
Orders
- Each of the four accused persons is put on their defence.
- The accused persons are to be informed of their options under Section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Mwachela & 3 others (Criminal Case E003 of 2021) [2024] KEHC 2340 (KLR) (7 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2340 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E003 of 2021
GMA Dulu, J
March 7, 2024
Between
Republic
Prosecution
and
Henry Ngingo Mwachela
1st Accused
Mathew Magenda Mwachala
2nd Accused
Jones Mwabingu Mungereza
3rd Accused
Rashid Salim Salim
4th Accused
Ruling
1. Having considered the prosecution evidence on record, as well as the submissions filed by the defence counsel, I find that each of the four (4) accused persons herein has a case to answer.
2. I thus hereby to put each of the four (4) accused persons on their defences and proceed to explain to each of them the three options they have in their defences under Section 211 of the Criminal Procedure Code (Cap.75).
DATED, SIGNED AND DELIVERED THIS 7TH DAY OF MARCH 2024 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantMs. Moke for StateMr. Orina for 4th accused and holding brief for Mr. Mosioma for 1st to 3rd accusedPage 1 of 1