[2021] KEHC 4498 (KLR)
The court found that the prosecution, having called eight witnesses, had established a prima facie case against the accused person, Mwenda Kombo Mwamose, for the offence of murder. The evidence presented was sufficient to require the accused to be put on her defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2021] KEHC 4498 (KLR)
- Parties
- Respondent: Republic; Defendant: Mwenda Kombo Mwamose
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to defend herself.
- 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
Mwenda Kombo Mwamose
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 her being put on her defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, had established a prima facie case against the accused person, Mwenda Kombo Mwamose, for the offence of murder. The evidence presented was sufficient to require the accused to be put on her 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 defend herself against the charge of murder.
Court Disposition
Accused found to have a case to answer and ordered to defend herself.
Orders
- Accused to be put on her defence.
- Defence hearing scheduled for 4/10/2021.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 30 OF 2017
REPUBLIC ......................................................PROSECUTOR
VERSUS
MWENDA KOMBO MWAMOSE ..........................ACCUSED
R U L I N G
1. The accused Mwenda Kombo Mwamose is charged with offence of murder Contrary to Section 203 as read with Section 204 of the penal code Cap 63 Laws of Kenya.
2. Particulars are that Mwenda Kombo Mwamose on the 22nd day of June 2017 at Peoni Village, Lunga Lunga Division within Kwale County, murdered Lewa Chiwaya.
3. The prosecution tendered evidence of 8 witnesses and inconsideration of the said evidence as against the accused person’s submissions, I do find that a prima facie case has been established sufficient to call upon the accused to defend herself. She has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT /ONLINE THROUGH MS TEAMS, THIS 29TH DAY OF JULY, 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel – Court assistant
Ms. Karanja for the State
Mr. Magolo hold brief for Ms. Kipsang for the Accused
Accused – present in person
Hon. Lady Justice A. Ong’injo
Judge
COURT:Provisions of Section 211 Criminal Procedure Code complied with and Accused replies.
Hon. Lady Justice A. Ong’injo
Judge
MR. MAGOLO:Ms. Kipsang will discuss with Accused and agree how to defend herself.
ORDER:Defence hearing – 4/10/2021.
Hon. Lady Justice A. Ong’injo
Judge