[2022] KEHC 1415 (KLR)
The court found that the prosecution, through the testimony of three witnesses, established a prima facie case against the accused, Sinamoyo Charo Karisa, for the murder of Dama Karisa Mathaa. The evidence presented was sufficient to require the accused to be put on his defence, as required by law when the...
Source-derived case information.
- Citation
- [2022] KEHC 1415 (KLR)
- Parties
- Applicant: Republic; Defendant: Sinamoyo Charo Karisa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to defend himself.
- 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
Sinamoyo Charo Karisa
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.
Ratio Decidendi
The court found that the prosecution, through the testimony of three witnesses, established a prima facie case against the accused, Sinamoyo Charo Karisa, for the murder of Dama Karisa Mathaa. The evidence presented was sufficient to require the accused to be put on his defence, as required by law when the prosecution's case meets the threshold for a case to answer. The court therefore ruled that the accused has a case to answer and must be called upon to defend himself against the charge of murder.
Court Disposition
Accused found to have a case to answer and ordered to defend himself.
Orders
- The accused is found to have a case to answer.
- The accused is called upon to defend himself.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 39 OF 2014
REPUBLIC......................................................................................PROSECUTOR
-V/S-
SINAMOYO CHARO KARISA............................................................ACCUSED
RULING
1. The accused Sinamoyo Charo Karisa 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 on 15th day of September 2014 at Patanguo Village, Patanguo Location in Ganze District, Kilifi County murdered Dama Karisa Mathaa. The prosecution called 3 witnesses to support its case that the accused committee the offence herein. Counsel for the accused person did not file submissions and the matter was reserved for ruling.
3. From the evidence of the three witnesses, this court finds that the prosecution has 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 28TH DAY OF FEBRUARY 2022
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Ms. Ongeti for the State
Ms. Odhiang’ for the Accused
Accused present in person
HON. LADY JUSTICE A. ONG’INJO
JUDGE