[2023] KEHC 24568 (KLR)
The court found that the prosecution, having called 13 witnesses, established a prima facie case against the accused, Mutua Mwanzia, for the murder of Mary Wanjiku Waweru. The evidence presented was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to...
Source-derived case information.
- Citation
- [2023] KEHC 24568 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutua Mwanzia
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutua Mwanzia
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 to warrant putting him on his 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 13 witnesses, established a prima facie case against the accused, Mutua Mwanzia, for the murder of Mary Wanjiku Waweru. The evidence presented was sufficient to require the accused to be put on his defence. The court therefore ruled that the accused has a case to answer and should proceed to the defence stage of the trial.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be placed on his defence.
- Defence hearing scheduled for November 14, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mwanzia (Criminal Case 1 of 2017) [2023] KEHC 24568 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24568 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 1 of 2017
A. Ong’injo, J
October 12, 2023
Between
Republic
Prosecutor
and
Mutua Mwanzia
Accused
Ruling
1. The accused Mutua Mwanzia faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal CodeCap 63 Laws of Kenya.
2. Particulars of the offence are that Mutua Mwanzia on the 13th day of May 2016 at around 8. 00 am at Ushindi area in Likoni Sub-County within Mombasa County murdered Mary Wanjiku Waweru.
3. The prosecution called 13 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. From the evidence of the 13 prosecution witnesses, this court finds that a prima faciecase 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 12TH DAY OF OCTOBER, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Amadi Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC explained to the accused and he replies.Accused: I will consult my lawyer first before I decide how to defend myself.Order: Defence hearing on November 14, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEOctober 12, 2023