[2023] KEHC 23295 (KLR)
The court found that, after considering the evidence of 13 prosecution witnesses and the oral submissions made on a no case to answer, a prima facie case had been established against Aden Abdi Siiba, Abdulkarim Musa Ali, and Katana Mangi Yaa. The evidence presented was sufficient to require these accused persons to...
Source-derived case information.
- Citation
- [2023] KEHC 23295 (KLR)
- Parties
- Applicant: Republic; Defendant: Aden Abdi Siiba alias Tall; Defendant: Abdulkarim Musa Ali; Defendant: Evans Omondi Ngei alias Omar; Defendant: Katana Mangi Yaa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2017
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Prima facie case established against Aden Abdi Siiba, Abdulkarim Musa Ali, and Katana Mangi Yaa. They are to be put on their defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Aden Abdi Siiba alias Tall
Defendant
Abdulkarim Musa Ali
Defendant
Evans Omondi Ngei alias Omar
Defendant
Katana Mangi Yaa
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence for the charge of murder.
Ratio Decidendi
The court found that, after considering the evidence of 13 prosecution witnesses and the oral submissions made on a no case to answer, a prima facie case had been established against Aden Abdi Siiba, Abdulkarim Musa Ali, and Katana Mangi Yaa. The evidence presented was sufficient to require these accused persons to be put on their defence for the charge of murder. The court therefore ruled that the prosecution had met the threshold required at this stage of the proceedings.
Court Disposition
Prima facie case established against Aden Abdi Siiba, Abdulkarim Musa Ali, and Katana Mangi Yaa. They are to be put on their defence.
Orders
- The accused persons Aden Abdi Siiba, Abdulkarim Musa Ali, and Katana Mangi Yaa are found to have a case to answer and are to be put on their defence.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Siiba & 3 others (Criminal Case 46 of 2017) [2023] KEHC 23295 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEHC 23295 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 46 of 2017
A. Ong’injo, J
September 28, 2023
Between
Republic
Prosecutor
and
Aden Abdi Siiba alias Tall
1st Accused
Abdulkarim Musa Ali
2nd Accused
Evans Omondi Ngei alias Omar
3rd Accused
Katana Mangi Yaa
4th Accused
Ruling
1. The accused persons Aden Abdi Siiba alias Tall, Abdulkarim Musa Ali, Evans Omondi Ngei alias Omar, and Katana Mangi Yaa face a charge of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Particulars of the offence are that Aden Abdi Siiba alias Tall, Abdulkarim Musa Ali, Evans Omondi Ngei alias Omar, and Katana Mangi Yaa between the 11th and November 13, 2017 at Bombolulu, Kisauni Sub-County of Mombasa County jointly with others not before court in the Republic of Kenya murdered Moiz Esmail Esmalji.
3. In consideration of the evidence of 13 witnesses and in consideration of oral submissions made for no case to answer, this court finds that a prima facie case has been established against Aden Abdi Siiba, Abdulkarim Musa Ali and Katana Mangi Yaa.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF SEPTEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGE