[2022] KEHC 10342 (KLR)

[2022] KEHC 10342 (KLR)

The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court ruled that both accused persons have a case to answer and must be put on their defence in accordance with section 211 of the...

Source-derived case information.

Citation
[2022] KEHC 10342 (KLR)
Parties
Applicant: Republic; Defendant: Alex Gori Ondiek; Defendant: Kennedy Mwinzila Mulyunga
Court
High Court
Court Station
High Court at Makueni
Jurisdiction
Kenya
Case Number
Criminal Case 16 of 2017
Procedural Posture
Criminal Case / Ruling on Case to Answer
Outcome
Both accused persons found to have a case to answer and put on their defence.
Judges
GMA Dulu
Legal Topics
Murder, Prima Facie Case, Criminal Procedure, Case to Answer
Source Language
en
Criminal Law Murder Prima Facie Case Criminal Procedure Case to Answer

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Alex Gori Ondiek

Defendant

Kennedy Mwinzila Mulyunga

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 persons for the offence of murder.
  2. 2 Whether the accused persons should be put on their defence under section 211 of the Criminal Procedure Code.

Ratio Decidendi

The court found that the prosecution's evidence on record was sufficient to establish a prima facie case against both accused persons for the offence of murder. Consequently, the court ruled that both accused persons have a case to answer and must be put on their defence in accordance with section 211 of the Criminal Procedure Code. The judge explained the three options available to the accused in making their defence, as required by law.

Court Disposition

Both accused persons found to have a case to answer and put on their defence.

Orders

  • Both accused persons are found to have a case to answer.
  • Both accused persons are put on their defence and the three options under section 211 of the Criminal Procedure Code are explained to them.