[2023] KEHC 1973 (KLR)
The court found that the prosecution, having called 11 witnesses, presented sufficient evidence which, if unchallenged, would warrant a conviction. Therefore, the accused has a case to answer and is required to respond to the allegations by being placed on his defence.
Source-derived case information.
- Citation
- [2023] KEHC 1973 (KLR)
- Parties
- Applicant: Republic; Defendant: Ceasar Obuke Okome
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 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, Case to Answer, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ceasar Obuke Okome
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
Ratio Decidendi
The court found that the prosecution, having called 11 witnesses, presented sufficient evidence which, if unchallenged, would warrant a conviction. Therefore, the accused has a case to answer and is required to respond to the allegations by being placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer.
- The accused is placed on his defence.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Okome (Criminal Case 16 of 2020) [2023] KEHC 1973 (KLR) (2 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1973 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 16 of 2020
A. Ong’injo, J
March 2, 2023
Between
Republic
Prosecution
and
Ceasar Obuke Okome
Accused
Ruling
1. The accused Ceasar Obuke Okome is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code particulars are that Ceasar Obukie Okome on July 20, 2020 at Kombani Trading Centre Waa location Matuga sub-county within Kwale county murdered Everlyne Indaria Indiaka.
2. Prosecution tendered the evidence of 11 witnesses and in consideration of the said evidence and the submissions filed by the accused persons counsel on February 6, 2023 this court finds that evidence tendered is sufficient to require the accused person to respond to the serious allegations made against him for the murder of the deceased.
3. He has a case to answer and is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Mr. Ngiri for StateMs. Amina Advocate hold brief for Mr. Musa Advocatefor accused - virtualAccused – Present in person