[2022] KEHC 1285 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Nyundo Mwatsuma Mteso, for the offence of murder as charged. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2022] KEHC 1285 (KLR)
- Parties
- Applicant: Republic; Defendant: Nyundo Mwatsuma Mteso
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nyundo Mwatsuma Mteso
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 putting him on his defence.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Nyundo Mwatsuma Mteso, for the offence of murder as charged. 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 proceed to present his defence.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused shall give sworn evidence in his defence.
- Defence hearing is scheduled for 26th May 2022.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 20 OF 2018
REPUBLIC..............................................................................PROSECUTOR
VERSUS
NYUNDO MWATSUMA MTESO ..............................................ACCUSED
RULING
1. The accused person Nyundo Mwatsuma Mteso faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particulars are that Nyundo Mwatsuma Mteso on the 25th day of April 2018 at Bejidodo Village in Samburu Location within Kwale County murdered Nyevu Mwembe Ndoro. The prosecution called 8 witnesses to support its case that the accused person committed the offence herein. Defence did not file submissions for no case to answer and the matter was reserved or ruling.
3. From the evidence of the eight witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend himself. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 17TH DAY OF MARCH 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
IN THE PRESENCE OF: -
OGWEL- COURT ASSISTANT
MR. NGIRI FOR THE STATE
MS. NYAWIRA HOLDING BRIEF FOR MS. NZAMBA FOR THE ACCUSED PERSON
ACCUSED PRESENT IN PERSON
HON. LADY JUSTICE A. ONG’INJO
JUDGE
MS. NYAWIRA ADVOCATE: ACCUSED WILL GIVE SWORN EVIDENCE. WE CAN TAKE A HEARING DATE FOR DEFENCE. MS. NZAMBA WILL CONFIRM THE NUMBER OF WITNESSES.
ORDER: DEFENCE HEARING ON 26. 5.2022.
17. 3.2022