[2023] KEHC 26579 (KLR)
The court found that the prosecution, having called nine witnesses, established a prima facie case against the accused, Omar Issa Tinga, for the murder of Charles Musa Tinga. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal...
Source-derived case information.
- Citation
- [2023] KEHC 26579 (KLR)
- Parties
- Applicant: Republic; Defendant: Omar Issa Tinga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer; matter proceeds to defence hearing.
- Judges
- A. Ong’injo
- 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
Omar Issa Tinga
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, having called nine witnesses, established a prima facie case against the accused, Omar Issa Tinga, for the murder of Charles Musa Tinga. The evidence presented was sufficient to require the accused to be put on his defence in accordance with section 306(2) of the Criminal Procedure Code. The court therefore ruled that the accused has a case to answer and should proceed to the defence hearing.
Court Disposition
Accused found to have a case to answer; matter proceeds to defence hearing.
Orders
- The accused is found to have a case to answer and is put on his defence.
- Defence hearing scheduled for 19th February 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Tinga (Criminal Case 19 of 2019) [2023] KEHC 26579 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26579 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 19 of 2019
A. Ong’injo, J
December 11, 2023
Between
Republic
Prosecutor
and
Omar Issa Tinga
Accused
Ruling
1. The accused person Omar Issa Tinga faces a charge of murder contrary to section 203 as read with section 204 of the Penal Codecap 63 of the Laws of Kenya.
2. The particulars are that Omar Issa Tinga on the 3rd day of September 2019 at Bububu Area in Likoni Sub-County within Mombasa County murdered Charles Musa Tinga.
3. The prosecution called 9 witnesses to support its case that the accused committed the offence herein. Counsel for the accused person did not file submissions and the matter was reserved for ruling.
4. From the evidence of the 9 prosecution witnesses, this court finds that the prosecution 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 11TH DAY OF DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the StateMs. Nabwana Advocate for the AccusedAccused present in personMs. Nabwana Advocate: We pray for a date for defence hearing. We will call at least 2 witnesses.Order:Defence hearing on 19. 2.2024HON. LADY JUSTICE A. ONG’INJOJUDGE11. 12. 2023