[2013] KEHC 5112 (KLR)
The court found that although there was strong suspicion that the suspects may have contributed to the deceased's death, the evidence did not establish beyond reasonable doubt that they were responsible for the assault. The court emphasized that many individuals handled the deceased prior to his death, and the...
Source-derived case information.
- Citation
- [2013] KEHC 5112 (KLR)
- Parties
- Applicant: Mary Wanjiru Karitu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 543 of 2012
- Procedural Posture
- Criminal Revision / Application for Revision of Inquest Finding
- Outcome
- application dismissed; trial court's finding upheld
- Judges
- J Wakiaga
- Legal Topics
- Inquest Procedure, Standard of Proof, Criminal Liability, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiru Karitu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Application for Revision of Inquest Finding
Legal Issues
- 1 Whether the evidence adduced at the inquest was sufficient to warrant charging the suspects with the death of the deceased.
- 2 Whether the standard of proof required in criminal matters was met in this case.
Ratio Decidendi
The court found that although there was strong suspicion that the suspects may have contributed to the deceased's death, the evidence did not establish beyond reasonable doubt that they were responsible for the assault. The court emphasized that many individuals handled the deceased prior to his death, and the deceased's health status before arrest was not investigated. In the absence of corroborative evidence directly linking the suspects to the assault, the standard of proof required in criminal cases was not met. Therefore, it would be unsafe to find against the suspects, and the trial court's finding was upheld.
Court Disposition
application dismissed; trial court's finding upheld
Orders
- The application for revision is dismissed.
- The finding of the trial court is upheld.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Nyeri
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IN THE MATTER OF INQUEST INTO DEATH OF
JOHN MUGENYU KARITU - DECEASED
MARY WANJIRU KARITU…....................................................................APPLICANT
VERSUS
REPUBLIC.............................................................................................RESPONDENT
REVISION
This is a matter referred to this court for revision under the Provisions of Sec 362-367 of the Criminal Procedure Code by the office of Director of Public Prosecution.
After hearing of the witnesses the court found that there was no adequate evidence to charge the suspects in connection with the death of the deceased herein.
I have evaluated the evidence tendered before the court conducting the inquest. Whereas the evidence tendered creates great suspicion that the suspects in the inquest might have contributed to the death of the accused having handled him prior to his death, the evidence does not prove that they actually committed the assault beyond reasonable doubt as required standard of proof, as many people handled the deceased too prior to his death too.
The deceased's state of health prior to his arrest was not investigated. The deceased was awakened from sleep for arrest. Had evidence to that state before arrest been adduced it would have have ousted blame to events prior to suspects handling him. They have denied assaulting him.
Whereas it is not in doubt that the cause of deceased's death was out of injuries concomitant with assault of the deceased, there is no corroboration of the evidence pointing that the suspects in this matter are actually the ones responsible for the assault and in absence of that proof the standard required has not been met, as its unsafe to positively find against the suspects.
In the absence of any additional evidence provided to this cause I therefore uphold the finding of the trial court and dismiss this application.
Dated and Delivered at Nyeri this 14th day of February 2013.
J. WAKIAGA
JUDGE