[2012] KEHC 419 (KLR)
The court found that the prosecution had called six witnesses and, upon reviewing the evidence, determined that a prima facie case had been established against the accused, Nelson Ambani Mbakaya, for the offence of murder. The court applied the legal standard for a prima facie case, which requires that the evidence...
Source-derived case information.
- Citation
- [2012] KEHC 419 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Nelson Ambani Mbakaya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
- Outcome
- Accused found to have a case to answer; ordered to give defence.
- Judges
- JV Juma
- 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 of Kenya
Applicant
Nelson Ambani Mbakaya
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case; Before Defence Hearing
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
Ratio Decidendi
The court found that the prosecution had called six witnesses and, upon reviewing the evidence, determined that a prima facie case had been established against the accused, Nelson Ambani Mbakaya, for the offence of murder. The court applied the legal standard for a prima facie case, which requires that the evidence presented by the prosecution be sufficient to call upon the accused to make a defence. Consequently, the court directed that the accused be put on his defence to answer to the charge of murder as provided under the relevant sections of the Penal Code and Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer; ordered to give defence.
Orders
- The accused shall give his defence to the charge of murder.
- Certified copies of proceedings to be supplied to counsel upon payment of requisite fee.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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REPUBLIC ...................................................... PROSECUTION
=VERSUS=
NELSON AMBANI MBAKAYA .............................. ACCUSED
RULING
The accused NELSON AMBANI MBAKAYA faces a charge of MURDER CONTRARY TO SECTION 203 s read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of six (6) witnesses in support of their case. Having considered the evidence on record I am satisfied that a prima facie case has been established. I therefore direct that the accused shall give his defence to this charge.
Dated and Delivered in Mombasa this 4th day of December 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Gioche for State
Mr. Mohamed holding brief for Defence counsel.
COURT: Hearing 18th February 2013 for defence.
M. ODERO
JUDGE
4. 12. 2012
MR. MOHAMED: We pray for certified copies of proceedings.
COURT: Certified copies to be supplied to counsel upon payment of requisite fee.
M. ODERO
JUDGE
4. 12. 2012