[2023] KEHC 25511 (KLR)
The court found that, based on the evidence of the 8 prosecution witnesses, a prima facie case had been established against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2023] KEHC 25511 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Mwasambu Shume; Defendant: Dickson Mzungu Shume
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer; ordered to present their defence.
- 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
Henry Mwasambu Shume
Defendant
Dickson Mzungu Shume
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 persons to warrant putting them on their 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, based on the evidence of the 8 prosecution witnesses, a prima facie case had been established against both accused persons. The evidence presented was sufficient to require the accused to be put on their defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that both accused persons have a case to answer and should proceed to present their defence.
Court Disposition
Accused persons found to have a case to answer; ordered to present their defence.
Orders
- Both accused persons are found to have a case to answer and are put on their defence.
- Defence hearing scheduled for January 29, 2024.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Shume & another (Criminal Case E024 of 2022) [2023] KEHC 25511 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25511 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E024 of 2022
A. Ong’injo, J
November 16, 2023
Between
Republic
Prosecutor
and
Henry Mwasambu Shume
1st Accused
Dickson Mzungu Shume
2nd Accused
Ruling
1. The accused persons Henry Mwasambu Shume and Dickson Mzungu Shume face 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 Henry Mwasambu Shume and Dickson Mzungu Shume on the August 22, 2022 at Mbuyuni Village, Chasimba Location within Kilifi County jointly murdered Mwasambu Mwarabu Runya.
3. The prosecution called 8 witnesses to support its case that the accused persons committed the offence herein. Counsels for the accused persons filed submissions and the matter was reserved or ruling.
4. From the evidence of the 8 witnesses, this court finds that the prosecution established a prima facie case sufficient to call upon the accused persons to defend themselves. They have a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 16TH DAY OF NOVEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nyawira H/B for Ms. Barayan Advocate for the 1st AccusedMs. Nyawira Advocate for the 2nd AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMs. Nyawira: We can have a defence hearing date. They will give sworn evidence. I pray for a date in early January 2024. Orders: Defence hearing on 29. 1.2024HON. LADY JUSTICE A. ONG’INJOJUDGE16. 11. 2023