[2023] KEHC 23333 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Mwinyi Hamisi Mwachiungu, for the murder of Faith Kawira. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2023] KEHC 23333 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwinyi Hamisi Mwachiungu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to present 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
Mwinyi Hamisi Mwachiungu
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 six witnesses, established a prima facie case against the accused, Mwinyi Hamisi Mwachiungu, for the murder of Faith Kawira. 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 present his defence.
Court Disposition
Accused found to have a case to answer and ordered to present defence.
Orders
- Accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 10 November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mwachiungu (Criminal Case 16 of 2019) [2023] KEHC 23333 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23333 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 16 of 2019
A. Ong’injo, J
October 5, 2023
Between
Republic
Prosecutor
and
Mwinyi Hamisi Mwachiungu
Accused
Ruling
1. The accused Mwinyi Hamisi Machiungu 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 Mwinyi Hamisi Machiungu on the night of 30th and 31st day of December 2018 at Consolata Area in Likoni Sub-County within Mombasa County murdered Faith Kawira. The prosecution called 6 witnesses to support its case. Counsel for the accused person did not file submissions.
3. From the evidence of the 6 prosecution witnesses, this court finds that a prima facie case has been established 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 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Otwoma Advocate for the Accused – No appearanceAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 10. 11. 2023. Registry to issue notice to Mr. Otwoma Advocate for the accused.HON. LADY JUSTICE A. ONG’INJOJUDGE5. 10. 2023