[2019] KEHC 7199 (KLR)
The court found that the prosecution had adduced both direct and circumstantial evidence implicating the accused persons in the murder of the deceased. The direct evidence from an eyewitness (PW4) placed both accused at the scene assaulting the deceased, while forensic and medical evidence corroborated the cause of...
Source-derived case information.
- Citation
- [2019] KEHC 7199 (KLR)
- Parties
- Applicant: Republic; Defendant: Alex Odhiambo Omondi; Defendant: Joseph Patrick Wanyoike Kinyanjui
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 45 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
- Outcome
- Both accused persons are placed on their defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- Legal Topics
- Murder, Case to Answer, Burden of Proof, Direct Evidence, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alex Odhiambo Omondi
Defendant
Joseph Patrick Wanyoike Kinyanjui
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306(2) of the Criminal Procedure Code
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 evidence adduced, both direct and circumstantial, links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced both direct and circumstantial evidence implicating the accused persons in the murder of the deceased. The direct evidence from an eyewitness (PW4) placed both accused at the scene assaulting the deceased, while forensic and medical evidence corroborated the cause of death as internal bleeding due to splenic rupture. Applying the legal standard from Bhatt v Republic, the court held that a prima facie case had been established, requiring the accused to be placed on their defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Both accused persons are placed on their defence under section 306(2) of the Criminal Procedure Code.
Orders
- Both accused persons are placed on their defence.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 45 OF 2012
[FORMERLY NYERI HCCR CASE NO. 12 OF 2011]
REPUBLIC........................................................................PROSECUTOR
VERSUS
ALEX ODHIAMBO OMONDI.........................................1ST ACCUSED
JOSEPH PATRICK WANYOIKE KINYANJUI.............2ND ACCUSED
RULING
1. The two accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on the 17th March 2011 at Kora Sub-Location, Murang’a North District, within Central Province, theyjointly murdered Henry Wachira Kariuki.
3. They both pleaded notguilty. The prosecution called fivewitnesses. Learned counsel for the 1st accused, Mr. Odinga, filed submissions dated 14th May 2019. Learned counsel for the 2nd accused, Mr. Mbuthia, opted not to file submissions.
4. Learned Prosecution Counsel, Ms. Gichuru, did not file submissions.
5. I have considered the submissions by the 1st accused. There is direct evidence from PW4 who saw both accused assaulting the deceased outside K. K. Motherland Bar at Kora. The deceased was pronounced dead hours later. There is additional circumstantial evidence on the homicide from PW1, PW2, PW3 and PW5.
6. I have also paid heed to the Government Analyst Reportand the Post Mortem Form produced at the trial. The pathologist’s conclusion is that death resulted from internal bleeding due to splenic rupture.
7. I am well guided by Bhatt v Republic [1957] E.A. 332, R v Kipkering arap Koske & another 16 EACA 135 (1949).
8. On the digest of the evidence of the all the five witnesses, I am persuaded that the Republic has established a case requiring an explanation by both accused persons.
9. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place both accused on their defence.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 30th day of May 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Both accused persons.
Mr. J. N. Mbuthia for the 2nd accused and holding brief for Mr. Odinga for the 1st accused.
Ms. R. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.