[2023] KEHC 23334 (KLR)
The court found that the prosecution, having called eight witnesses, established a prima facie case against the accused, Stephen Omondi, for the offence of murder. 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...
Source-derived case information.
- Citation
- [2023] KEHC 23334 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Omondi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to be put on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Omondi
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, Stephen Omondi, for the offence of murder. 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 the defence hearing.
Court Disposition
Accused found to have a case to answer and ordered to be put on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for November 10, 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Omondi (Criminal Case 43 of 2017) [2023] KEHC 23334 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23334 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 43 of 2017
A. Ong’injo, J
October 5, 2023
Between
Republic
Prosecutor
and
Stephen Omondi
Accused
Ruling
1. The accused Stephen Omondi 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 Stephen Omondi on the 17th day of October 2017 at around 10. 00 pm along old Mombasa Nairobi highway in Changamwe Sub-County within Mombasa County murdered Jackson Mwangi Kihoro.
3. The prosecution called 8 witnesses to support its case and from the evidence of the 8 prosecution witnesses, this court finds that a prima facie case has been established 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. Magolo, J. Advocate for the AccusedAccused present in personHOn. Lady Justice A. Ong’injoJudgeMr. Magolo: I request for defence hearing date. Accused will indicate mode of defence later.Order: Defence hearing on November 10, 2023HON. LADY JUSTICE A. ONG’INJOJUDGE