[2023] KEHC 22490 (KLR)
The court found that the prosecution's evidence, including the deceased's oral statements implicating the accused and the medical evidence of cause of death, was sufficient to establish a prima facie case. The court held that the dying declaration made by the deceased could be admitted subject to the rules of law....
Source-derived case information.
- Citation
- [2023] KEHC 22490 (KLR)
- Parties
- Defendant: John Kioko Musee; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2016
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
- Outcome
- Accused to be put on his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Dying Declaration, Evidence Admissibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kioko Musee
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at the Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the oral statements made by the deceased amount to a dying declaration admissible in evidence.
Ratio Decidendi
The court found that the prosecution's evidence, including the deceased's oral statements implicating the accused and the medical evidence of cause of death, was sufficient to establish a prima facie case. The court held that the dying declaration made by the deceased could be admitted subject to the rules of law. Consequently, the accused is required to tender evidence in his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused is required to tender evidence in his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
Musee v Republic (Criminal Case 63 of 2016) [2023] KEHC 22490 (KLR) (Crim) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22490 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 63 of 2016
LN Mutende, J
September 21, 2023
Between
John Kioko Musee
Accused
and
Republic
Prosecution
Ruling
1. John Kioko Musee, the accused, is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code cap. 63 Laws of Kenya. Particulars of the offence being that on the night of June 17, 2016 at Komarock Estate Phase 3 B in Nairobi East Sub-County, within Nairobi County, he murdered Francis Mwaanza Mutisya Brown.
2. At the close of the prosecution’s case evidence was adduced of the accused having had an altercation with the deceased. Subsequently the deceased was found lying at a roundabout in a critical condition. He was rushed to Komarock Modern Hospital and his siblings and wife were informed.
3. The deceased was taken to Kenyatta National Hospital where he succumbed. A postmortem conducted established that the cause of death was head injury due to blunt force trauma.
4. The question would be whether a primafacie case has been established requiring the accused to be put on his defence. In the case of R T Bhatt v R(1957) EA 332,335, it was held that a primafacie case is where a reasonable tribunal properly directing its mind to the law and evidence, could convict if no explanation was offered by the defence.
5. Evidence adduced established that prior to passing on, the deceased made oral statements as to the circumstances that led to his death and the assailant; whom he mentioned as the accused.
6. This could amount to dying declaration subject to the rule of law. (See section 33(a) of the Evidence Act; Phillip Nzaka Watu v Republic (2016) eKLR).
7. From the foregoing, evidence adduced requires the accused to tender evidence in his defence pursuant to the provision of Section 306(2) of the Criminal Procedure Code(CPC).
8. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 21ST DAY OF SEPTEMBER, 2023. L. N. MUTENDEJUDGE