[2013] KEHC 4934 (KLR)
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to give his...
Source-derived case information.
- Citation
- [2013] KEHC 4934 (KLR)
- Parties
- Respondent: Republic; Defendant: Mwandalau Zani
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and ordered to give his defence.
- Judges
- JV Juma
- 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
Respondent
Mwandalau Zani
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if left unchallenged, would be sufficient to warrant a conviction. Therefore, the accused is required to give his defence as provided by law.
Court Disposition
Accused found to have a case to answer and ordered to give his defence.
Orders
- The accused shall give his defence to the charge of murder.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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REPUBLIC…………………………………………….………PROSECUTION
VERSUS
MWANDALU ZANI…………………....………..…………………....ACCUSED
RULING
The accused hereinMWANDALU ZANIfaces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The accused entered a plea of ‘Not Guilty’ to the charge. The prosecution called a total of eight (8) witnesses in support of their case. Having considered the evidence adduced by the prosecution witnesses, I am satisfied that a prima facie case has been made out. As such, I do hereby direct that the accused shall give his defence to this charge.
Dated and delivered in Mombasa this 27th day of February, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Okanga for Accused
Court:
Hearing 14th March, 2013.
M. ODERO
JUDGE