[2024] KEHC 5601 (KLR)
The court found that the prosecution's case was wholly dependent on the dying declaration of the deceased, Paul Karuti, as narrated by the first witness. However, the deceased did not specifically identify Antony Gitonga as one of his assailants, and the prosecution failed to adduce evidence demonstrating that the...
Source-derived case information.
- Citation
- [2024] KEHC 5601 (KLR)
- Parties
- Applicant: Director Of Public Prosecutions; Respondent: Antony Gitonga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E066 of 2022
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
- Outcome
- Accused found not guilty at close of prosecution case; acquitted under Section 306(1) Criminal Procedure Code.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Dying Declaration, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director Of Public Prosecutions
Applicant
Antony Gitonga
Respondent
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant being placed on his defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution's case was wholly dependent on the dying declaration of the deceased, Paul Karuti, as narrated by the first witness. However, the deceased did not specifically identify Antony Gitonga as one of his assailants, and the prosecution failed to adduce evidence demonstrating that the 'Antony' named by the deceased was indeed the accused. The court held that there was no evidence directly linking the accused to the offence. Consequently, the prosecution failed to establish a prima facie case to warrant placing the accused on his defence. The accused was therefore found not guilty under Section 306(1) of the Criminal Procedure Code and ordered to be set at...
Court Disposition
Accused found not guilty at close of prosecution case; acquitted under Section 306(1) Criminal Procedure Code.
Orders
- Accused is found not guilty and is set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
24 paragraphs
Director of Public Prosecutions v Gitonga (Criminal Case E066 of 2022) [2024] KEHC 5601 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5601 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Case E066 of 2022
TW Cherere, J
May 9, 2024
Between
Director Of Public Prosecutions
Prosecution
and
Antony Gitonga
Accused
Ruling
1. Antony Gitonga (Accused) was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code in that with others not before the court they murdered one Paul Karuti on 19th September, 2022.
2. Accused person denied committing the offence and the prosecution called a total of three (3) witnesses in support of their case.
3. Under Section 306 (1) of the Criminal Procedure Code:“When the evidence of the witnesses for the Prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of the several or any one of the several accused committed the offence shall, after hearing, if necessary any arguments which the advocate for the prosecution or the defence may desire to submit, record a finding of not guilty.”
4. The matter comes up for determination on whether a prima facie case to warrant the accused person to be placed on his defence to answer to the charge of Murder
5. A prima facie case is established where the evidence tendered by the prosecution is sufficient on its own for a court of law to return a guilty verdict even if the accused opts to remain silent.
6. The evidence on record reveals that the prosecution case is wholly dependent on Karuti’s dying declaration as narrated by the first witness who stated that on 19th September, 2022, he found Paul Karuti (Karuti) lying in the shamba writhing in pain and he said he had been assaulted by Antony, Karuti, Kithia and Muthomi.
7. No doubt Accused is not the only person named Antony. Karuti did not specifically name Accused as one of the persons that assaulted him. On the other hand, prosecution failed to lead evidence to demonstrate that the person named as Antony by Karuti was no other that Antony Gitonga, Accused herein.
8. Having considered the testimonies of the three prosecution witnesses, I am satisfied that a prima facie case has not been established to warrant Accused to be placed on his defence.
9. Consequently, under the Provisions of Section 306 (1) of the Criminal Procedure Code, Accused is hereby found not guilty and it is ordered that he be set at liberty unless otherwise lawfully held.
DELIVERED AT MERU THIS 09th DAY OF May 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneAccused - PresentFor the Accused - Ms. Mukaburu AdvocateFor DPP - Ms. Rita Rotich (PC 1)