[2025] KEHC 6740 (KLR)
The court found that the prosecution, through the testimony of eight 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...
Source-derived case information.
- Citation
- [2025] KEHC 6740 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Mwita alias Rasta
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2024
- Procedural Posture
- Criminal Case / Ruling on 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 Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Mwita alias Rasta
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 placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight 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 ruled that the accused has a case to answer and should be placed on his defence for the charge of murder under Section 203 as read with Section 204 of the Penal Code.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer for the offence of murder and is placed on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Mwita alias Rasta (Criminal Case E027 of 2024) [2025] KEHC 6740 (KLR) (10 April 2025) (Ruling)
Neutral citation: [2025] KEHC 6740 (KLR)
Republic of Kenya
In the High Court at Migori
Criminal Case E027 of 2024
A. Ong’injo, J
April 10, 2025
Between
Republic
Prosecutor
and
Stephen Mwita alias Rasta
Accused
Ruling
1. The accused Stephen Mwita Mwita alias Rasta 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 on the 1st day of August 2024 at Kwiriba Village Nguruna Sub Location, Kuria East Sub Country within Migori County the accused murdered Samwel Muhiri Nyamohanga.
3. From the evidence of the eight (8) prosecution witnesses this court finds that a prima facie case been established sufficient to place accused person on his defence for the offence of murder. He has a case to answer.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 10THDAY OF APRIL, 2025. A. ONGINJOJUDGE