[2005] KEHC 1405 (KLR)
The court found that the prosecution failed to establish any evidence connecting the accused persons to the death of the deceased. The only witness called could not testify as to the cause of death or the involvement of the accused. There was no evidence of how the accused were implicated or arrested. As a result,...
Source-derived case information.
- Citation
- [2005] KEHC 1405 (KLR)
- Parties
- Applicant: Republic; Defendant: John Kamau Wainaina; Defendant: Harrison Njoroge Ngige
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2001
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- GG Okwengu
- Legal Topics
- Murder Charge, Prima Facie Case, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Kamau Wainaina
Defendant
Harrison Njoroge Ngige
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether there is any evidence linking the accused persons to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish any evidence connecting the accused persons to the death of the deceased. The only witness called could not testify as to the cause of death or the involvement of the accused. There was no evidence of how the accused were implicated or arrested. As a result, no prima facie case was established against either accused, making it unnecessary and unjust to require them to enter a defence. The court therefore acquitted both accused persons under section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- Each of the accused is acquitted under section 306(1) of the Criminal Procedure Code.
- Each accused shall be set free forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Criminal Case 4 of 2001REPUBLIC ……………………………………………………………. PROSECUTOR VERSUS
1. JOHN KAMAU WAINAINA )
2. HARRISON NJOROGE NGIGE) ……………………………………. ACCUSEDR U L I N G
The Accused persons JOHN KAMAU WAINAINA and HARRISON NJOROGE NGIGE were arraigned before this court on 31st January 2001 charged with the offence of murder the information alleging on the 13th day of February 2000 they jointly murdered Kariuki Kiboi Kamere. About 4 years down the line only one witness has been availed in proof of the prosecution case. This is Mary Nyambura Wambugu the wife of the deceased. She does not know how her husband died as she only found his body at Nyahururu Hospital mortuary. There is no evidence at all that the deceased was murdered or died of natural causes or that the Accused persons committed any act or omission that resulted in the death of the deceased. There is absolutely no evidence as to who arrested the Accused persons or how they are implicated in this matter. No prima facie case has been established against any of the Accused persons and it is pointless at this stage to place them on their defence.
Each of the Accused is therefore acquitted under section 306(1) of the Criminal Procedure Code. Each shall be set free forthwith unless otherwise lawfully held.
Dated, signed and delivered in open court this 25th day of January 2005.
H. M. OKWENGUJUDGE