1. The 1st accused, Alfa Bakari Mwangala, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in High Court Criminal Case No. E001 of 2024. The particulars of the charge are that on 19th November 2023, at Bomani Village in Kilifi Sub-County, within Kilifi County, jointly with others not before the court, he murdered Mbogo Wanje Mbogo.
2. The 2nd accused, Thomas Mwangala Tsuma, was similarly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in High Court Criminal Case No. E025 of 2023. The particulars are that on the same date and at the same place, jointly with others not before the court, he murdered Mbogo Wanje Mbogo.
3. The 3rd accused, Justin Juma Koja, was likewise charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in High Court Criminal Case No. E019 of 2024. The particulars are that on 19th November 2023, at Bomani Village in Kilifi Sub-County, within Kilifi County, jointly with others not before the court, he murdered Mbogo Wanje Mbogo.
4. On 8th February 2024, High Court Criminal Case Nos. E001 of 2024, E025 of 2023 and E019 of 2024 were consolidated, with High Court Criminal Case No. E025 of 2023 designated as the lead file. Consequently, the Information was amended to reflect the consolidation.
5. I have carefully considered the evidence adduced by the prosecution. At this stage of the proceedings, the only issue for determination is whether the prosecution has established a prima facie case sufficient to warrant placing the accused persons on their defence.
6. The prosecution called a total of eight (8) witnesses. The evidence on record establishes that the deceased died from penetrating head and neck injuries caused by sharp force trauma.
7. In Republic v Abdi Ibrahim Owl [2013] eKLR, the court defined a prima facie case as follows:
"Prima facie is a Latin term defined by Black's Law Dictionary, 8th Edition, as 'sufficient to establish a fact or raise a presumption unless disproved or rebutted.' A prima facie case is defined as 'the establishment of a legally required rebuttable presumption.'"
In simple terms, a prima facie case refers to the establishment of sufficient evidence which, if left unanswered, could sustain a conviction.
8. It is important to emphasise that establishing a prima facie case does not mean that the prosecution has proved its case beyond reasonable doubt. Rather, it means that the prosecution has adduced evidence which, if left uncontroverted, could sustain a conviction. The ultimate determination of guilt will only be made after the defence has been heard and the court has evaluated the entirety of the evidence.
9. This court is equally guided by the caution expressed in Festo Wandera Mukando v Republic (1980) KLR 103, where Trevelyan and Chesoni JJ stated:
"...we once more draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, in an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of 'no case' is rejected, the court should say no more than that it is rejected. It is otherwise where the submission is upheld, when reasons should be given, for then that is the end of the case or the count or counts concerned."
10. Guided by the foregoing principles, and without making findings that may prejudice the final determination of this case, I am satisfied that the prosecution has established a prima facie case against each of the accused persons sufficient to require them to be placed on their defence.
11. Accordingly, I find that each of the accused persons has a case to answer and is hereby placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code. Their rights under Article 50(2)(i), (k) and (l) of the Constitution shall be explained to them in a language they understand and in the presence of their respective advocates.
12. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 26TH DAY OF MAY 2026.
Ruling delivered through the Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of:
All the accused persons
Defence Advocates absent; to be contacted
Mr. Sirima for the State
Bebora court assistant
2. The 2nd accused, Thomas Mwangala Tsuma, was similarly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in High Court Criminal Case No. E025 of 2023. The particulars are that on the same date and at the same place, jointly with others not before the court, he murdered Mbogo Wanje Mbogo.
3. The 3rd accused, Justin Juma Koja, was likewise charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code in High Court Criminal Case No. E019 of 2024. The particulars are that on 19th November 2023, at Bomani Village in Kilifi Sub-County, within Kilifi County, jointly with others not before the court, he murdered Mbogo Wanje Mbogo.
4. On 8th February 2024, High Court Criminal Case Nos. E001 of 2024, E025 of 2023 and E019 of 2024 were consolidated, with High Court Criminal Case No. E025 of 2023 designated as the lead file. Consequently, the Information was amended to reflect the consolidation.
5. I have carefully considered the evidence adduced by the prosecution. At this stage of the proceedings, the only issue for determination is whether the prosecution has established a prima facie case sufficient to warrant placing the accused persons on their defence.
6. The prosecution called a total of eight (8) witnesses. The evidence on record establishes that the deceased died from penetrating head and neck injuries caused by sharp force trauma.
7. In Republic v Abdi Ibrahim Owl [2013] eKLR, the court defined a prima facie case as follows:
"Prima facie is a Latin term defined by Black's Law Dictionary, 8th Edition, as 'sufficient to establish a fact or raise a presumption unless disproved or rebutted.' A prima facie case is defined as 'the establishment of a legally required rebuttable presumption.'"
In simple terms, a prima facie case refers to the establishment of sufficient evidence which, if left unanswered, could sustain a conviction.
8. It is important to emphasise that establishing a prima facie case does not mean that the prosecution has proved its case beyond reasonable doubt. Rather, it means that the prosecution has adduced evidence which, if left uncontroverted, could sustain a conviction. The ultimate determination of guilt will only be made after the defence has been heard and the court has evaluated the entirety of the evidence.
9. This court is equally guided by the caution expressed in Festo Wandera Mukando v Republic (1980) KLR 103, where Trevelyan and Chesoni JJ stated:
"...we once more draw attention to the inadvisability of giving reasons for holding that an accused has a case to answer. It can prove embarrassing to the court and, in an extreme case, may require an appellate court to set aside an otherwise sound judgment. Where a submission of 'no case' is rejected, the court should say no more than that it is rejected. It is otherwise where the submission is upheld, when reasons should be given, for then that is the end of the case or the count or counts concerned."
10. Guided by the foregoing principles, and without making findings that may prejudice the final determination of this case, I am satisfied that the prosecution has established a prima facie case against each of the accused persons sufficient to require them to be placed on their defence.
11. Accordingly, I find that each of the accused persons has a case to answer and is hereby placed on his defence pursuant to Section 306(2) of the Criminal Procedure Code. Their rights under Article 50(2)(i), (k) and (l) of the Constitution shall be explained to them in a language they understand and in the presence of their respective advocates.
12. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 26TH DAY OF MAY 2026.
Ruling delivered through the Microsoft Teams Online Platform.
WENDY KAGENDO MICHENI
JUDGE
In the presence of:
All the accused persons
Defence Advocates absent; to be contacted
Mr. Sirima for the State
Bebora court assistant