[2023] KEHC 18674 (KLR)
The court found that the prosecution had called 10 witnesses whose evidence, taken as a whole, established a prima facie case against the accused. The court was satisfied that the evidence, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused was placed on his defence in accordance...
Source-derived case information.
- Citation
- [2023] KEHC 18674 (KLR)
- Parties
- Applicant: Republic; Defendant: Nyawa Mwabwanga Shauri
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2021
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, 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
Nyawa Mwabwanga Shauri
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.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution had called 10 witnesses whose evidence, taken as a whole, established a prima facie case against the accused. The court was satisfied that the evidence, if unchallenged, would be sufficient to warrant a conviction. Therefore, the accused was placed on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The absence of submissions from the defence did not affect the court's determination, as the decision was based on the sufficiency of the prosecution's evidence. The court ordered that the defence hearing be scheduled, giving the accused an opportunity to present his case.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 31st July 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Shauri (Criminal Case E001 of 2021) [2023] KEHC 18674 (KLR) (15 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18674 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E001 of 2021
A. Ong’injo, J
June 15, 2023
Between
Republic
Prosecutor
and
Nyawa Mwabwanga Shauri
Accused
Ruling
1. The accused Nyawa Mwabwanga Shauri faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that Nyawa Mwabwanga Shauri on the 22nd day of January 2021 at Bondeni Village, Mwereni Location in Lungalunga sub-county within Kwale County jointly with others not before court murdered Chidoti Mangale Chidoti. The prosecution called 10 witnesses to support its case. Counsel for the accused person did not file submissions.
3. From the evidence of the 10 prosecution witnesses, this court finds that a prima faciecase has been established to place the accused on his defence. He has a case to answer.
Dated, signed and delivered in Open Court/online through MS TEAMS,this 15th day of June 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Ireri Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Ireri AdvocateI pray for time to consult accused on how he wishes to proceed with defence case.Order: Defence hearing on 31. 7.2023HON. LADY JUSTICE A. ONG’INJOJUDGEPARA 15. 6.2023CR. Case No. E001. 2021 Page 1 of 3 A. Ong’injo J