[2021] KEHC 999 (KLR)
The court found that the prosecution, through the testimony of six witnesses, established a prima facie case against the accused person, Samuel Malava Mukoyani alias Nyangumi, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the...
Source-derived case information.
- Citation
- [2021] KEHC 999 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Malava Mukoyani alias Nyangumi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused is found to have a case to answer and is called upon to defend himself.
- 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
Samuel Malava Mukoyani alias Nyangumi
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, through the testimony of six witnesses, established a prima facie case against the accused person, Samuel Malava Mukoyani alias Nyangumi, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with the standards set out in Section 306(2) of the Criminal Procedure Code and the principles in Bhatt v R. The court therefore ruled that the accused has a case to answer and should proceed to defend himself against the charge of murder.
Court Disposition
The accused is found to have a case to answer and is called upon to defend himself.
Orders
- Defence hearing scheduled for 4th February 2022.
- Notice to Mr. Nabil Advocate.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 38 OF 2017
REPUBLIC.........................................................................PROSECUTOR
-V/S-
SAMUEL MALAVA MUKOYANI alias NYANGUMI...........ACCUSED
RULING
1. The accused person Samuel Malava Mukoyani alias Nyangumi is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particulars are that on the 30th day of August 2017 at Shauri Yako Village in Kisauni Sub-county within Mombasa County murdered Salome Kathambi alia Redempta Kanana. The prosecution called 6 witnesses to support its case that the accused person committed the offence herein. Defence did not file submissions for no case to answer and the matter was reserved or ruling.
3. From the evidence of the six 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,THIS9THDAY OFDECEMBER 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Turuki- Court Assistant
Mr. Mulamula for the State
Mr. Mabil for the Accused – No appearance
Hon. Lady Justice A. Ong’injo
Judge
Order:Defence Hearing 4. 2.2022
Notice to Mr. Nabil Advocate
Hon. Lady Justice A. Ong’injo
Judge