[2023] KEHC 20486 (KLR)
The court found that the prosecution, having called nine witnesses and presented its case, established a prima facie case against the accused, Abdul Majid Nagib alias Majid, for the offence of murder. The evidence on record, if left unchallenged, would be sufficient to support a conviction. Consequently, the accused...
Source-derived case information.
- Citation
- [2023] KEHC 20486 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdul Majid Nagib Alias Majid
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2022
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case (close of Prosecution Case)
- Outcome
- Accused placed on his defence; defence hearing scheduled.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, 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
Abdul Majid Nagib Alias Majid
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case (close of Prosecution Case)
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being placed on his defence.
- 2 Whether the evidence presented by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called nine witnesses and presented its case, established a prima facie case against the accused, Abdul Majid Nagib alias Majid, for the offence of murder. The evidence on record, if left unchallenged, would be sufficient to support a conviction. Consequently, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court complied with Section 211 of the Criminal Procedure Code, informing the accused of his rights, and set the matter for defence hearing.
Court Disposition
Accused placed on his defence; defence hearing scheduled.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 20th July 2023 at 12:00 noon.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Nagib alias Majid (Criminal Case E002 of 2022) [2023] KEHC 20486 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20486 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E002 of 2022
A. Ong’injo, J
July 13, 2023
Between
Republic
Prosecutor
and
Abdul Majid Nagib Alias Majid
Accused
Ruling
1. The accused Abdul Majid Nagibalias Majidfaces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that Abdul Majid Nagibalias Majidon an unknown date betweem December 16, 2021 and December 18, 2021 at Bondeni area in Mvita sub-county within Mombasa County murdered Nagib Abdalla Fate.
3. The prosecution called 9 witnesses to support its case. Counsel for the accused person filed submissions. From the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Obonyo Advocate for the AccusedAccused present in person in Shimo la TewaHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC complied withMr. Obonyo Advocate: I pray for a close defence hearing date. We shall present 3 witnesses. 2 of the witnesses will testify virtually from Dubai.Order: Defence hearing on 20. 7.2023 at 12. 00 noon**HON. LADY JUSTICE A. ONG’INJOJUDGE13. 7. 2023