[2023] KEHC 25507 (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 person, Mohammed Sheir alias ‘Papa’. The court was satisfied that the evidence was sufficient to require the accused to be put on his defence in accordance with Section...
Source-derived case information.
- Citation
- [2023] KEHC 25507 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohammed Sheir Alias ‘Papa’
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2023
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; matter proceeds to defence hearing.
- Judges
- A. Ong’injo
- 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
Mohammed Sheir Alias ‘Papa’
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 person, Mohammed Sheir alias ‘Papa’. The court was satisfied that the evidence was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused had a case to answer and directed that the defence hearing be scheduled.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 29th January 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Sheir alias ‘Papa (Criminal Case E006 of 2023) [2023] KEHC 25507 (KLR) (6 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25507 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E006 of 2023
A. Ong’injo, J
November 6, 2023
Between
Republic
Prosecutor
and
Mohammed Sheir Alias ‘Papa
Accused
Ruling
1. The accused person Mohammed Sheir alias ‘Papa’ faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 of the Laws of Kenya.
2. The particulars are that Mohammed Sheir alias ‘Papa’ on 23rd January 2023 at Kibokoni Old Town area in Mvita Sub-County within Mombasa County murdered Gift Mwangangi.
3. The prosecution called 10 witnesses to support its case that the accused person committed the offence herein. Counsel for the accused person filed submissions and the matter was reserved for ruling.
4. From the evidence of the 10 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, THIS 16TH DAY OF NOVEMBER, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nyawira Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEOrder: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE6. 11. 2023