[2024] KEHC 1662 (KLR)
The court found that the prosecution, having called ten witnesses and tendered exhibits, established a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Therefore, in accordance with Section 306 of the Criminal Procedure Code, the...
Source-derived case information.
- Citation
- [2024] KEHC 1662 (KLR)
- Parties
- Applicant: Republic; Defendant: Idris Juma Shame alias Langwaja
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- DKN Magare
- Legal Topics
- Murder, Prima Facie Case, Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Idris Juma Shame alias Langwaja
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
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 meets the threshold under Section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses and tendered exhibits, established a prima facie case against the accused for the offence of murder. The evidence on record, if unchallenged, could support a conviction. Therefore, in accordance with Section 306 of the Criminal Procedure Code, the accused was found to have a case to answer and was put on his defence.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Shame (Criminal Case E012 of 2023) [2024] KEHC 1662 (KLR) (21 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1662 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E012 of 2023
DKN Magare, J
February 21, 2024
Between
Republic
Prosecutor
and
Idris Juma Shame alias Langwaja
Accused
Ruling
1. Idris Juma Shame alias Lagwanja was charged that on 12/12/2022 at Kombani Stage within Matuga Subcounty in Kwale County jointly with others not before Court murdered Rashid Nassir Kilanga.
2. The Accused person took too plea on 16th May 2023 before Honourable Lady Justice Ongi’injo and denied the charge. The plea of not guilty was recorded.
3. On 27/11/2023 the hearing proceeded before me. A total of ten (10) witnesses testified for the Prosecution. I heard and recorded the evidence of Ten witnesses.
4. I have perused the Court file, and exhibits, where the 10 witnesses testified. I am satisfied that the prosecution has established a prima facie evidence to enable the Court to call the Accused to defend himself. I therefore find that the Accused has a case to answer. I put the Accused person on his defence in accordance with Section 306 of the Criminal Procedure Code.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MOMBASA ON THIS 21ST DAY OF FEBRUARY, 2024. KIZITO MAGAREJUDGEIn the presence of: -Mr. Okuche for the AccusedMiss Nyawinda for the stateAccused presentCourt Assistant – Brian