[2023] KEHC 23296 (KLR)
The court found that the prosecution, having called 8 witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law....
Source-derived case information.
- Citation
- [2023] KEHC 23296 (KLR)
- Parties
- Applicant: Republic; Defendant: Mangale Mwero Piru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer; Defence Hearing Scheduled
- Outcome
- Accused found to have a case to answer; matter set for defence hearing.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mangale Mwero Piru
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer; Defence Hearing Scheduled
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 8 witnesses, presented sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence, if believed, would support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law. The court did not make a determination on guilt or innocence at this stage but limited its finding to the sufficiency of the prosecution's case to proceed to the defence stage.
Court Disposition
Accused found to have a case to answer; matter set for defence hearing.
Orders
- The accused is found to have a case to answer and is placed on his defence.
- Defence hearing scheduled for 13th November 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Piru (Criminal Case E003 of 2022) [2023] KEHC 23296 (KLR) (28 September 2023) (Judgment)
Neutral citation: [2023] KEHC 23296 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E003 of 2022
A. Ong’injo, J
September 28, 2023
Between
Republic
Prosecutor
and
Mangale Mwero Piru
Accused
Judgment
1. The accused person Mangale Mwero Piru faces a charge of murder contrary to Section 203 as read with Section 204 of thePenal Code.
2. Particulars of the offence are that Mangale Mwero Piru on the 23rd day of September 2021 at Mkuduru B Village, Dzombo Location in Lungalunga Sub-county within Kwale County murdered Mwero Piru Nyawa.
3. The prosecution called 8 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place accused person on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF SEPTEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Nzamba Advocate for the Accused present virtuallyAccused present in person present virtuallyHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Nzamba Advocate: I pray for a date for defenceOrder: Defence hearing on 13. 11. 2023HON. LADY JUSTICE A. ONG’INJOJUDGE28. 9.2023