[2022] KEHC 873 (KLR)
The court found that the prosecution's evidence, as presented through its witnesses, established a prima facie case against the accused, Samuel Ndakala. The evidence was deemed sufficient to require the accused to be put on his defence for the charge of murder. The court applied the legal standard for a case to...
Source-derived case information.
- Citation
- [2022] KEHC 873 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Ndakala alias Baba Kadogo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2021
- 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
Samuel Ndakala alias Baba Kadogo
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's evidence, as presented through its witnesses, established a prima facie case against the accused, Samuel Ndakala. The evidence was deemed sufficient to require the accused to be put on his defence for the charge of murder. The court applied the legal standard for a case to answer, considering whether the evidence, if unchallenged, could support a conviction. As this threshold was met, the accused was called upon to defend himself against the charge.
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 called upon to defend himself.
- Defence hearing scheduled for 2nd June 2022.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E016 OF 2021
REPUBLIC..............................................................................PROSECUTOR
V/S
SAMUEL NDAKALA “ALIAS’ BABA KADOGO.....................ACCUSED
R U L I N G
1. Samuel Ndakala the accused person herein is charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that Samuel Ndakala on the 28th of October 2020 at Mnazi Moja area in Nyali Sub-County within Mombasa County murdered Kadhini Mwangela alias Kanini Kisilu.
3. From the evidence of the prosecution witnesses, this court finds that a prima facie case has been established against the accused sufficient to call upon him to defend himself.
4. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 24TH DAY OF MARCH 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of: -
Ogwel- Court Assistant
Mr. Ngiri for State
Mr. Oliech hold brief for Mr. Otieno Advocate for Accused
Accused – present in person
Hon. Lady Justice A. Ong’injo
Judge
Mr. Oliech
We can take a date for defence hearing.
Order
Defence hearing – 2/6/2022.
Hon. Lady Justice A. Ong’injo
Judge