[2021] KEHC 8411 (KLR)
The court found that, upon evaluating the evidence presented by the prosecution, a prima facie case had been established against the accused persons. The evidence, though circumstantial and lacking direct eyewitness testimony, was deemed sufficient to require the accused to be placed on their defence. The court...
Source-derived case information.
- Citation
- [2021] KEHC 8411 (KLR)
- Parties
- Applicant: Monica Mwolyo; Applicant: Kilo Mwolyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused persons found to have a case to answer and placed on their defence.
- Judges
- BB Limo
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence, Case to Answer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Mwolyo
Applicant
Kilo Mwolyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the circumstantial evidence adduced is sufficient to infer guilt of the accused persons.
Ratio Decidendi
The court found that, upon evaluating the evidence presented by the prosecution, a prima facie case had been established against the accused persons. The evidence, though circumstantial and lacking direct eyewitness testimony, was deemed sufficient to require the accused to be placed on their defence. The court applied the legal standard that at this stage, the prosecution need only establish a case that, if uncontradicted, would warrant a conviction. The accused persons' arguments regarding the weakness of the evidence and reliance on hearsay were not persuasive enough to discharge them at this stage. Consequently, the accused were found to have a case to answer and were accordingly...
Court Disposition
Accused persons found to have a case to answer and placed on their defence.
Orders
- The accused persons are placed on their defence.
- Their rights and options under Section 211 of the Criminal Procedure Code shall be explained to them.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
CRIMINAL CASE NO. 15 OF 2017
MONICA MWOLYO...........................................................2ND ACCUSED/APPLICANT
KILO MWOLYO...................................................................1ST ACCUSED/APPLICANT
-VERSUS-
REPUBLIC.......................................................................PROSECUTOR/RESPONDENT
R U L I N G
1. The Accused herein,Monica Mwolyo and Kilo Mwolyoare both jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. The particulars of the charge sheet are that on 22nd August, 2017, at Mbusyani village, Kisasi sub-county, the Accused persons jointly murdered Mwolyo Komu, the husband and father to the 1st Accused and 2nd Accused respectively. They both denied committing the offence. The prosecution has called 9 witnesses in support of their case and this court is now being called upon to determine whether the Accused persons jointly or any of them has a case to answer.
3. The Accused person have submitted through counsel that they have no case to answer because in their view the prosecution’s case hangs on hearsay. They fault the police for failure to avail eye witnesses to the incident. They submit that the circumstantial evidence tendered is weak and rely on the decision of Joan Chebichim Sawe –versus- Republic (2003) eKLR where the court of appeal observed that for an inference of guilt to be inferred the evidence tendered must be incompatible with the innocence of the Accused or incapable of any other explanation other than that of his/her guilt. They have also relied on Republic –versus-Wona Kingoo & Another (2019) eKLR where the court found that the prosecution’s evidence was weak and unsustainable.
4. This court has evaluated the evidence tendered and finds that the prosecution’s case has attained the threshold required in law (prima facie basis) to place the Accused persons on their defence. They have a case to answer and their rights/options under Section 211 of Criminal Procedure Code shall be explained to them.
DATED, SIGNED AND DELIVERED AT KITUI THIS 18TH DAY OF MARCH, 2021.
HON. JUSTICE R. K. LIMO
JUDGE