[2023] KEHC 2936 (KLR)
The court found that the prosecution, having called 15 witnesses and presented its case, established a prima facie case against the accused, Munir Murad Salim, for the offence of murder. The evidence on record, if believed, would be sufficient to support a conviction. Therefore, the accused is required to be put on...
Source-derived case information.
- Citation
- [2023] KEHC 2936 (KLR)
- Parties
- Applicant: Republic; Defendant: Munir Murad Salim
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- 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
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Parties
Republic
Applicant
Munir Murad Salim
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.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 15 witnesses and presented its case, established a prima facie case against the accused, Munir Murad Salim, for the offence of murder. The evidence on record, if believed, would be sufficient to support a conviction. Therefore, the accused is required to be put on his defence in accordance with the law. The court was satisfied that the threshold for a case to answer had been met, and the matter would proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 15/06/2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Salim (Criminal Case 9 of 2019) [2023] KEHC 2936 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2936 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 9 of 2019
A. Ong’injo, J
March 23, 2023
Between
Republic
Prosecution
and
Munir Murad Salim
Accused
Ruling
1. The accused Munir Murad Salim is charged with the offence of murder contrary to section 203 as read with section 204 of thePenal Code.
2. The particulars are that Munir Murad Salim on the January 4, 2019 at Barisheba area Kisauni sub-county within Mombasa county murdered SA a female child aged 8years.
3. This court has considered the evidence of 15 prosecution witnesses as well as the written submissions filed by the defence counsel and find that the prosecution raised a prima facie case sufficient to place accused on defence. He has a case to answer.
Dated, signed and delivered in Open Court this 23 day of March 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMs. Rajab Advocate for AccusedMr. Ngiri – Counsel for State – PresentAccused – Present in personHon. Lady Justice A. Ong’injoJudgeMs. Rajab AdvocateI pray for defence hearing date so that I can consult my client and agree on how he wants to defend himself.Order – Defence hearing – 15/06/2023Hon. Lady Justice A. Ong’injoJudgeCR. Case 9. 2019 Page 2 of 2 A. Ong’injo J