Republic v Mogi & another (Criminal Case 63 of 2016) [2023] KEHC 461 (KLR) (30 January 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 461
- Citation
- [2023] KEHC 461 (KLR)
- Decided
- 30 January 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureAppeal from the original trialCoramEM MURIITHI
Holding
The court finds that there is evidence that the accused persons committed the offence of murder.
Facts
The accused persons are charged with the offence of murder, and the prosecution called 8 witnesses to prove the charge.
Issues
- Whether the accused persons committed the offence of murder.
- Whether the evidence presented by the prosecution is sufficient to prove the accused persons' guilt.
Reasoning
The court considers the evidence presented by the prosecution and finds it sufficient to prove the accused persons' guilt.
Outcome
The accused persons are put on their defence.
Orders
- The accused persons shall be put on their defence in accordance with section 306 (2) of the Criminal Procedure Code.
Authorities cited
Legislation (2)
- Section 203 and Section 204 of the Penal Code
- Section 306 of the Criminal Procedure Code
Cases cited (6)
- Ramanlal T Bhatt v R (1957) EA 332, 335
- Wachira v R (1975) EA 262
- Kibera Karimi v R (1979) KLR 36
- Festo Wandera Mukando v R (1976 – 80) KLR 1626
- Antony Njue Njeru v R, Nairobi CA Cr Appeal No 77 of 2006
- Kenya Judiciary Criminal Procedure Benchbook, 2018
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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