[2022] KEHC 11453 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Juma Katana Mweri, for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. The evidence presented was sufficient to require the accused to be put on his...
Source-derived case information.
- Citation
- [2022] KEHC 11453 (KLR)
- Parties
- Applicant: Republic; Defendant: Juma Katana Mweri
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2015
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a 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, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Juma Katana Mweri
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Juma Katana Mweri, for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. 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 did not make a determination on the merits of the case but ruled that the threshold for a case to answer had been met, and the accused must now present his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is hereby placed on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mweri (Criminal Case 6 of 2015) [2022] KEHC 11453 (KLR) (19 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11453 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 6 of 2015
A. Ong’injo, J
May 19, 2022
Between
Republic
Prosecution
and
Juma Katana Mweri
Accused
Ruling
1. The accused Juma Katana Mweri is charged with the offence of Murder contrary tosection 203 as read with Section 204 of the penal code.
2. The particulars are that the accused on the 11th day of January, 2015 at Mlango ‘‘B’’Village, in Ganze District within Kilifi County murdered Kazungu Charo Karisa Mwambire.
3. Having heard the evidence of the six (6) prosecution witnesses and read submissions of accused person dated April 1, 2022I find that prima facie has been established against the accused and he is hereby placed on his defence.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 19TH DAY OF MAY, 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel – Court AssistantAccused – Present in personMs. Musyoki Advocate holding brief for Ms. Kipsang Advocate for AccusedMr. Ngiri for StateHon. Lady Justice A. Ong’injoJudge