[2022] KEHC 12304 (KLR)
The court found that the prosecution, having called six witnesses, 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...
Source-derived case information.
- Citation
- [2022] KEHC 12304 (KLR)
- Parties
- Applicant: Republic; Defendant: Charo Mumbo Mweni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Evidence
- Outcome
- Accused found to have a case to answer and placed on his 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Charo Mumbo Mweni
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Evidence
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 placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, 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 placed the accused on his defence to answer to the charge of murder as defined under sections 203 and 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused placed on his defence for the offence of murder.
- Defence hearing scheduled for 11th July 2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mweni (Criminal Case 28 of 2018) [2022] KEHC 12304 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 12304 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 28 of 2018
A. Ong’injo, J
June 16, 2022
Between
Republic
Prosecutor
and
Charo Mumbo Mweni
Accused
Ruling
1. The accused Charo Mumbo Mweni is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that the accused on the 2nd day of May 2018 at Mrima mine village, Njunju location, within Kilifi county murdered Samini Khamisi alais Makmuga.
3. Having heard the evidence of the six (6) prosecution witnesses I find that a prima facie has been established against the accused for the offence of murder and he has a case to answer. I hereby placed him on his defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH JUNE 2022. HON. LADY JUSTICE A. ONG’INJOJUDGEIN THE PRESENCE OF: -Mr. Anangwe Advocate for AccusedAccused present in personOgwel, Court AssistantMr. Ngiri for State.Section 24 of Criminal Procedure Code explained to Accused and he repliesAccused: Sworn statementMr Anangwe Advocate: Accused will call one witness. We can take a date for defence hearing.ORDERDEFENCE HEARING ON 11TH JULY 2022. HON. LADY JUSTICE A. ONG’INJOJUDGE