[2024] KEHC 228 (KLR)
The court found that the prosecution, having called 12 witnesses, established a prima facie case against both accused persons for the offence of murder. The evidence presented was sufficient to require the accused to be placed on their defence. The court was satisfied that, if the accused persons chose to remain...
Source-derived case information.
- Citation
- [2024] KEHC 228 (KLR)
- Parties
- Applicant: Republic; Defendant: Rodgers David Mwamodenyi; Defendant: Kedogo Evans Kalo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E023 of 2022
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their 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
Rodgers David Mwamodenyi
Defendant
Kedogo Evans Kalo
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 12 witnesses, established a prima facie case against both accused persons for the offence of murder. The evidence presented was sufficient to require the accused to be placed on their defence. The court was satisfied that, if the accused persons chose to remain silent, a reasonable tribunal could convict on the evidence adduced. Accordingly, the accused persons were found to have a case to answer and were placed on their defence in accordance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- Accused persons to be placed on their defence.
- Defence hearing scheduled for 26th February 2024.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Mwamodenyi & another (Criminal Case E023 of 2022) [2024] KEHC 228 (KLR) (18 January 2024) (Ruling)
Neutral citation: [2024] KEHC 228 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E023 of 2022
A. Ong’injo, J
January 18, 2024
Between
Republic
Prosecutor
and
Rodgers David Mwamodenyi
1st Accused
Kedogo Evans Kalo
2nd Accused
Ruling
1. Rodgers David Mwamodenyi and Kedogo Evans Kalo are jointly 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 16th and August 17, 2022 at Kwa Punda area, in Jomvu Sub-County within Mombasa County jointly with others not before court murdered Rose Akinyi Osumba.
3. The prosecution called 12 witnesses to support its case. Only counsel for the 1st accused person filed submissions on no case to answer. From the evidence of the 12 prosecution witnesses, this court finds that a prima facie case has been established to place the accused persons on their defence. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 18TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMs. Kuria Advocate for the 1st AccusedMs Kuria H/B for Ms. Julu Advocate for the 2nd AccusedHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC explained and complied with and accused persons respond: -Ms. Kuria Advocate: We can take a date for defence hearing. I will consult with my client to know how he wishes to defend himself.Order:Defence hearing on 26. 2.2024HON. LADY JUSTICE A. ONG’INJOJUDGE