[2012] KEHC 4976 (KLR)
The court found that the prosecution, having called six witnesses, presented sufficient evidence which, if uncontroverted, could lead to a conviction. Therefore, a prima facie case had been established against both accused persons under Section 203 as read with Section 204 of the Penal Code. The court directed that...
Source-derived case information.
- Citation
- [2012] KEHC 4976 (KLR)
- Parties
- Applicant: Republic; Defendant: Salim Mwatsumo Salim; Defendant: Michael Mutugi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2008
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Both accused persons to be put on their defence.
- Judges
- JV Juma
- 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 Mwatsumo Salim
Defendant
Michael Mutugi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, having called six witnesses, presented sufficient evidence which, if uncontroverted, could lead to a conviction. Therefore, a prima facie case had been established against both accused persons under Section 203 as read with Section 204 of the Penal Code. The court directed that both accused persons be put on their defence to answer to the charge of murder.
Court Disposition
Both accused persons to be put on their defence.
Orders
- Both accused persons shall give their defence to the charge of murder.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 34 OF 2008
REPUBLIC ………………….…................………………….. PROSECUTION
=VERSUS=
SALIM MWATSUMO SALIM ……..........….…………….….. 1STACCUSED
MICHAEL MUTUGI ………..……......................……………. 2ND ACCUSED
RULING
The two accused persons SALIM MWATSUMO SALIM and MICHAEL MUTUGIare jointly charged with the offence of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The prosecution called a total of six (6) witnesses in support of their case. I have carefully considered the evidence of the prosecution witnesses. I am satisfied that a prima facie case has been established as against both accused persons. I do
therefore direct that both accuseds shall give their defence to the charge.
Dated and Delivered in Mombasa this 5th day of March 2012.
M. ODERO
JUDGE
In the presence of:
Ms. Odhiang holding brief for Mr. Mushelle for Accused
Mr. Onserio for State