[2021] KEHC 1748 (KLR)
The court found that the prosecution, through the testimony of ten witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence. The court therefore ruled that the accused persons have a case to answer and should...
Source-derived case information.
- Citation
- [2021] KEHC 1748 (KLR)
- Parties
- Applicant: Republic; Defendant: Suleiman Chiphoro alias Dimau; Defendant: Ali Suleiman Chiphoro
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer; matter proceeds to defence hearing.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Suleiman Chiphoro alias Dimau
Defendant
Ali Suleiman Chiphoro
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being put on their defence.
Ratio Decidendi
The court found that the prosecution, through the testimony of ten witnesses, established a prima facie case against the accused persons. The evidence presented was sufficient to require the accused to be put on their defence. The court therefore ruled that the accused persons have a case to answer and should proceed to defend themselves against the charge of murder.
Court Disposition
Accused persons found to have a case to answer; matter proceeds to defence hearing.
Orders
- Accused persons to be put on their defence.
- Defence hearing scheduled for 7th February 2022.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 1 OF 2019
REPUBLIC............................................................................................PROSECUTOR
-VERSUS-
SULEIMAN CHIPHORO Alias DIMAU............................................1st ACCUSED
ALI SULEIMAN CHIPHORO............................................................2nd ACCUSED
R U L I N G
1. The accused persons Suleiman Chiphoro alias Dimau and Ali Suleiman Chiphoro face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap63 Laws of Kenya.
2. The particulars are that on the 10th day of January 2019 at Kikonde village in Kwale County, within coastal region jointly with another not before court murdered Josephat Karua Wainaina. The prosecution called 10 witnesses to support its case that the accused persons committee the offence herein. Defence did not file submissions for no case to answer and the matter was reserved or ruling.
3. From the evidence of the ten 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 11th day of November 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel- Court Assistant
Mr. Mulamula for the State
Mr. Magolo for the Accused Persons
Accused 1 present in person
Accused 2 present in person
Hon. Lady Justice A. Ong’injo
Judge
COURT
Order – Defence Hearing on 7. 2.2022
Hon. Lady Justice A. Ong’injo
Judge