[2022] KEHC 12313 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Abbas Abdalla Mwambala, for the offence of murder. 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...
Source-derived case information.
- Citation
- [2022] KEHC 12313 (KLR)
- Parties
- Applicant: Republic; Defendant: Abbas Abdalla Mwambala
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is placed on his 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
Abbas Abdalla Mwambala
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 eight witnesses, established a prima facie case against the accused, Abbas Abdalla Mwambala, for the offence of murder. 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 give his defence.
Court Disposition
The accused is found to have a case to answer and is placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 19/07/2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mwambala (Criminal Case 57 of 2018) [2022] KEHC 12313 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12313 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 57 of 2018
ACA Onginjo, J
June 23, 2022
Between
Republic
Prosecution
and
Abbas Abdalla Mwambala
Accused
Ruling
1. The accused Abbas Abdalla Mwambala is charged with the offence of Murder contrary to Section 203 as read with Section 204 of thepenal code.
2. The particulars are that Abbas Abdalla Mwambala on the 3rd day of December 2018 at Ng’ombeni Location in Matuga Sub-county within Kwale County murdered Suleiman Rashid Basho.
3. The prosecution tendered the evidence of eight (8) witnesses which this court finds established a prima facie case. The accused has a case to answer and he is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 23RD DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel - Court assistantMr. Ngiri for stateAccused – present in personMs. Oyier Advocate for accusedMr. Omuya Advocate hold brief for family of deceasedHON. LADY JUSTICE A. ONG’INJO J23/06/2022Ms. Oyier AdvocateThe accused will give sworn testimony.OrderDefence hearing – 19/07/2022. HON. LADY JUSTICE A. ONG’INJO J23/06/2022