[2022] KEHC 11864 (KLR)
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if unchallenged, could support a conviction. Consequently, the accused was placed on his defence in accordance...
Source-derived case information.
- Citation
- [2022] KEHC 11864 (KLR)
- Parties
- Applicant: Republic; Defendant: Athuman Bakari Suya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his 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
Athuman Bakari Suya
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 meets the threshold under Section 211 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution, having called eight witnesses, had adduced sufficient evidence to establish a prima facie case against the accused for the offence of murder. The evidence presented, if unchallenged, could support a conviction. Consequently, the accused was placed on his defence in accordance with Section 211 of the Criminal Procedure Code. The court explained the accused's rights under this section, and the accused elected to give a sworn statement without calling witnesses. The matter was set down for defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to give sworn statement in defence.
- Defence hearing scheduled for 7/7/2022.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Suya (Criminal Case 42 of 2017) [2022] KEHC 11864 (KLR) (9 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11864 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 42 of 2017
ACA Onginjo, J
June 9, 2022
Between
Republic
Prosecution
and
Athuman Bakari Suya
Accused
Ruling
1. The accused Athuman Bakari Suya is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars are that the accused on the 31st day of August 2017 at Vijiweni Village in Likoni Sub County within Mombasa County, jointly with others not before Court murdered Joash Magige Sironga.
3. The evidence of the prosecution eight (8) witnesses has raised a prima facie case against the accused and he has a case to answer. He is placed on his defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 9THDAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel - Court assistantMr. Ngiri for stateAccused – present in personMr. Muyala Advocate for accusedHon. Lady Justice A. Ong’injo J09/06/2022CourtProvisions of Section 211 Criminal Procedure Code explained to accused and he replies.Accused**I will give sworn statement.*Mr. Muyala AdvocateAccused will give sworn statement, we don’t have witnesses.OrderDefence hearing – 7/7/2022. Hon. Lady Justice A. Ong’injo J09/06/2022