[2021] KEHC 3763 (KLR)

[2021] KEHC 3763 (KLR)

The court found that the prosecution, through the testimony of five witnesses, established a prima facie case against the accused, Nyundo Mwamuye Nyundo, for the murder of Sidi Gowe Iha. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court...

Source-derived case information.

Citation
[2021] KEHC 3763 (KLR)
Parties
Applicant: Republic; Defendant: Nyundo Mwamuye Nyundo
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 58 of 2018
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
accused found to have a case to answer; ordered to be put on his defence
Legal Topics
Murder, Prima Facie Case, Criminal Trial Procedure
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Nyundo Mwamuye Nyundo

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer

Legal Issues

  1. 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, through the testimony of five witnesses, established a prima facie case against the accused, Nyundo Mwamuye Nyundo, for the murder of Sidi Gowe Iha. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the law. The court therefore ruled that the accused has a case to answer and should proceed to present his defence.

Court Disposition

accused found to have a case to answer; ordered to be put on his defence

Orders

  • The accused is found to have a case to answer and is placed on his defence.