[2021] KEHC 5022 (KLR)
The court found that the prosecution, through the evidence of seven witnesses and in particular the testimonies of PW2 and PW3, established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with...
Source-derived case information.
- Citation
- [2021] KEHC 5022 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwatela Nguni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, 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
Mwatela Nguni
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 for the offence of murder.
- 2 Whether the accused should be put on his defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of seven witnesses and in particular the testimonies of PW2 and PW3, established a prima facie case against the accused 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 must proceed to present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused is placed on his defence.
- Defence hearing scheduled for 16/09/2021.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 16 OF 2015
REPUBLIC..................................PROSECUTOR
~VS~
MWATELA NGUNI..............................ACCUSED
R U L I N G
1. The accused Mwatela Nguni was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars are that Mwatela Nguni on the night of 21st and 22nd of February 2015 at Vinyunduni village in Kinango Sub-County, within Kwale County jointly with others not before court murdered SAWA SAWA MWATELA.
3. The prosecution called 7 witnesses in support of the charge against the accused. From the said evidence particular of the evidence of PW 2 and PW 3 this court finds that a prima facie case has been established for the offence of murder against the accused person. He has a case to answer and is placed on his defence.
DATED, SIGNED AND DELIVERED AT MOMBASA IN OPEN COURT/ONLINE BY MS TEAMS,THIS15THDAY OFJULY 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel - Court Assistant
Respondent - Ms. Karanja for state
Accused – Present in person
Ms. Kitoo Advocate for accused
Hon. Lady Justice A. Ong’injo J
15/07/2021
Ms. Kitoo
Mentioned to give sworn evidence.
Court
Order – Defence hearing 16/09/2021
Hon. Lady Justice A. Ong’injo J
15/07/2021