[2022] KEHC 2922 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused, Mwadzombo Gube, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that...
Source-derived case information.
- Citation
- [2022] KEHC 2922 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwadzombo Gube
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to defend himself.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mwadzombo Gube
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, through the testimony of six witnesses, established a prima facie case against the accused, Mwadzombo Gube, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused has a case to answer and must proceed to defend himself against the charge of murder as defined under the Penal Code.
Court Disposition
Accused found to have a case to answer and ordered to defend himself.
Orders
- The accused is found to have a case to answer and is called upon to defend himself.
- Mention set for 17th February 2022 to fix defence hearing date.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 42 OF 2016
REPUBLIC.....................................................................................................PROSECUTOR
-VERSUS-
MWADZOMBO GUBE........................................................................................ACCUSED
RULING
1. The Accused person, Mwadzombo Gube was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. Particulars of the offence are that on the 17th day of November 2016 at Mulungoni Village, Mazola Sub Location in Kinango within Kwale County murdered KANGA CHIDONGO.
3. From the evidence of the six (6) prosecution witnesses, this court finds that the prosecution has established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
Dated, signed and delivered in Open Court/online through MS TEAMS, this 13th day of January 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Ms. Kambaga holding brief for Mr. Mulamula for State
Ms. Odhiang holding brief for Mr. Lijoodi for Accused
Accused present in person
Mention on 17. 2.2022 to fix defence hearing date
HON. LADY JUSTICE A. ONG’INJO
JUDGE