[2023] KEHC 23297 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused, Matano Mashungi Mwango Nyale, for the murder of Bahati Charo Mwambegu. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with the...
Source-derived case information.
- Citation
- [2023] KEHC 23297 (KLR)
- Parties
- Applicant: Republic; Defendant: Matano Mashungi Mwango Nyale
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2020
- 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 Charge, 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
Matano Mashungi Mwango Nyale
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 to warrant his being placed on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused, Matano Mashungi Mwango Nyale, for the murder of Bahati Charo Mwambegu. The evidence presented was sufficient to require the accused to be placed on his defence in accordance with the standards set out in Section 306(2) of the Criminal Procedure Code and relevant case law. The court therefore ruled that the accused has a case to answer and directed that the defence hearing be scheduled.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 10 November 2020.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Nyale (Criminal Case E020 of 2020) [2023] KEHC 23297 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23297 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E020 of 2020
A. Ong’injo, J
October 5, 2023
Between
Republic
Prosecutor
and
Matano Mashungi Mwango Nyale
Accused
Ruling
1. The accused Matano Mashungi Mwango Nyale faces 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 Matano Mashungi Mwango Nyale on the 6th day of December 2020 at Vipingo Sub-Location within Kilifi County jointly with others not before court murdered Bahati Charo Mwambegu.
3. The prosecution called 6 witnesses to support its case. Counsel for the accused person did not file submissions. From the evidence of the 6 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 5TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Kinyanjui Advocate for the Accused – No appearanceAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence Hearing on 10. 11. 2020. Registry to issue notice to Mr. Kinyanjui Advocate.HON. LADY JUSTICE A. ONG’INJOJUDGE