[2021] KEHC 3221 (KLR)
The court found that the prosecution, through the testimony of eleven witnesses, presented sufficient evidence to establish a prima facie case against the accused persons for the offence of murder. The evidence, if believed, could support a conviction. Therefore, the accused persons are required to be put on their...
Source-derived case information.
- Citation
- [2021] KEHC 3221 (KLR)
- Parties
- Applicant: Republic; Defendant: Salim Kalimbo Nyawa alias Msanii; Defendant: Ernest Urunzi Murabu alias Ndegwa; Defendant: Mwanaidi Chimako
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- case to answer found; accused persons to be put on their defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Salim Kalimbo Nyawa alias Msanii
Defendant
Ernest Urunzi Murabu alias Ndegwa
Defendant
Mwanaidi Chimako
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 persons to warrant them being put on their defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of eleven witnesses, presented sufficient evidence to establish a prima facie case against the accused persons for the offence of murder. The evidence, if believed, could support a conviction. Therefore, the accused persons are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make any findings on the credibility or weight of the evidence at this stage, as the purpose of the ruling is solely to determine whether the prosecution has made out a case requiring an answer from the accused.
Court Disposition
case to answer found; accused persons to be put on their defence
Orders
- The accused persons are found to have a case to answer and are hereby called upon to defend themselves.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 3 OF 2019
REPUBLIC........................................................................................PROSECUTOR
VERSUS
SALIM KALIMBO NYAWA alias MSANII.....................................1ST ACCUSED
ERNEST URUNZI MURABU alias NDEGWA...............................2ND ACCUSED
MWANAIDI CHIMAKO...................................................................3RD ACCUSED
R U L I N G
1. The Accused persons, SALIM KALIMBO NYAWA alias MSANII, ERNEST URUNZI MURABU alias NDEGWA and MWANAIDI CHIMAKO, were charged with murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. Particulars of the offence are that on the 20th day of January 2019 at Kwanyanje Village, Kasemeni Location in Lunga Lunga Sub County within Kwale County, jointly murdered ADAM KIMANI GICHAMBA.
3. From the evidence of the eleven (11) prosecution witnesses, this court finds that the prosecution has established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 7TH DAY OF OCTOBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
OGWEL- COURT ASSISTANT
MS. MWANGEKA FOR STATE
MR. KUTUTA WATCHING BRIEF FOR FAMILY OF THE DECEASED
MR. AMINGA FOR 1ST ACCUSED
MS. KIPSANG FOR 2ND ACCUSED
MS. ODHIANG’ FOR 3RD ACCUSED
HON. LADY JUSTICE A. ONG’INJO
JUDGE