[2021] KEHC 2232 (KLR)
The court found that the prosecution, having called ten witnesses, established a prima facie case against the accused person, Ruwa Mwaruwa Chidanga, 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 absence of submissions...
Source-derived case information.
- Citation
- [2021] KEHC 2232 (KLR)
- Parties
- Applicant: Republic; Defendant: Ruwa Mwaruwa Chidanga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer found; accused to be 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
Ruwa Mwaruwa Chidanga
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 ten witnesses, established a prima facie case against the accused person, Ruwa Mwaruwa Chidanga, 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 absence of submissions from the defence did not affect the court's determination, as the court is mandated to independently assess whether the prosecution's evidence meets the threshold for a case to answer. The court concluded that the accused has a case to answer and must be called upon to defend himself against the charge of murder.
Court Disposition
case to answer found; accused to be put on his defence
Orders
- The accused is found to have a case to answer and is hereby called upon to defend himself.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 5 OF 2020
REPUBLIC.......................................PROSECUTOR
-VERSUS-
RUWA MWARUWA CHIDANGA .......ACCUSED
R U L I N G
1. The accused person Ruwa Mwaruwa Chidanga faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that on the 22nd day of January 2020 at Vyogato village in Kinango sub-location within Kwale County murdered Nzara Chidemu Mtende. The prosecution called 10 witnesses to support its case that the accused person committee the offence herein. Defence did not file submissions for no case to answer and the matter was reserved for ruling.
3. From the evidence of the ten witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused person to defend himself. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 11TH DAY OF NOVEMBER, 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Mr. Mulamula for the State
Mr. Onyango for the Accused Person
Hon. Lady Justice A Ong’injo
Judge