[2024] KEHC 1110 (KLR)
The court found that the prosecution, having called 15 witnesses, established a prima facie case against the accused, Abdulaziz Ali Swaleh, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence. The court was satisfied that, if the accused chose to remain...
Source-derived case information.
- Citation
- [2024] KEHC 1110 (KLR)
- Parties
- Applicant: Republic; Defendant: Abdulaziz Ali Swaleh
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2023
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- A. Ong’injo
- Legal Topics
- Murder Charge, Prima Facie Case, No Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abdulaziz Ali Swaleh
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 to warrant putting him on his defence.
- 2 Whether the evidence adduced by the 15 prosecution witnesses is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, having called 15 witnesses, established a prima facie case against the accused, Abdulaziz Ali Swaleh, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence. The court was satisfied that, if the accused chose to remain silent, there was evidence upon which a reasonable tribunal might convict. Accordingly, the accused was found to have a case to answer and was placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is placed on his defence.
- Defence hearing scheduled for 1st March 2024.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Swaleh (Criminal Case E007 of 2023) [2024] KEHC 1110 (KLR) (8 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1110 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E007 of 2023
A. Ong’injo, J
February 8, 2024
Between
Republic
Prosecutor
and
Abdulaziz Ali Swaleh
Accused
Ruling
1. The accused Abdulaziz Ali Swaleh faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. Particulars of the offence are that Abdulaziz Ali Swaleh on the 21st day of January 2023 at Bondeni Estate in Mvita Sub-County unlawfully killed Sharifa Ali Salim.
3. The prosecution called 15 witnesses to support its case. Counsel for the accused person filed submissions on no case to answer. In consideration of the evidence of the 15 prosecution witnesses and submissions by defence, this court finds that a prima facie case has been established to place the accused on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 8TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMr. Nabil Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGEMr. Nabil Advocate: The accused person will give sworn statement and we have 3 witnesses.Order: Defence hearing on 1. 3.2024. HON. LADY JUSTICE A. ONG’INJOJUDGE8. 2.2024