[2023] KEHC 20306 (KLR)
The court found that the prosecution, having called six witnesses, established a prima facie case against the accused, Charo Kombe Yeri, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence as per Section 306(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2023] KEHC 20306 (KLR)
- Parties
- Applicant: Republic; Defendant: Charo Kombe Yeri
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2018
- 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 Charge, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Charo Kombe Yeri
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 six witnesses, established a prima facie case against the accused, Charo Kombe Yeri, for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence as per Section 306(2) of the Criminal Procedure Code. The court explained the accused's rights under Section 211 of the Criminal Procedure Code and set a date for the defence hearing.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- Accused to be placed on his defence.
- Defence hearing scheduled for 27th July 2023.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Yeri (Criminal Case 59 of 2018) [2023] KEHC 20306 (KLR) (13 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20306 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 59 of 2018
A. Ong’injo, J
July 13, 2023
Between
Republic
Prosecutor
and
Charo Kombe Yeri
Accused
Ruling
1. The accused person Charo Kombe Yeri faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. Particulars of the offence are that Charo Kombe Yeri on the 17th day of December 2018 at Majengo Area, Makupa Location in Mombasa County murdered Charo Shikari.
3. The prosecution called 6 witnesses to support its case and from the evidence of the prosecution witnesses, this court finds that a prima facie case has been established sufficient to place the accused person on his defence. He has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 13TH DAY OF JULY 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Bebora- Court AssistantMr. Ngiri for the StateMr. Masolia Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Section 211 of the CPC explained to the accusedMr. Masolia Advocate: Accused will give sworn testimony. We pray for early hearing date.Orders: Defence hearing on 27. 7.2023HON. LADY JUSTICE A. ONG’INJOJUDGE13. 7. 2023