[2015] KEHC 2880 (KLR)
The court found that the prosecution had adduced sufficient evidence, including positive voice identification by the deceased's wife, corroborated by an identification parade and the recovery of a blood-stained shirt linked to the accused. The testimonies of multiple witnesses supported the prosecution's case. On...
Source-derived case information.
- Citation
- [2015] KEHC 2880 (KLR)
- Parties
- Applicant: Republic; Defendant: Alex Wenua Chituno alias Fred Masika Shisoni
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
- Outcome
- Prosecution has established a prima facie case; accused to be put on his defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Prima Facie Case, Identification Evidence, Criminal Procedure, Voice Recognition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alex Wenua Chituno alias Fred Masika Shisoni
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case After Prosecution Evidence
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused for the offence of murder.
- 2 Whether the identification evidence is sufficient to link the accused to the offence.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including positive voice identification by the deceased's wife, corroborated by an identification parade and the recovery of a blood-stained shirt linked to the accused. The testimonies of multiple witnesses supported the prosecution's case. On this basis, the court held that a prima facie case had been established against the accused for the offence of murder, warranting the accused to be put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Prosecution has established a prima facie case; accused to be put on his defence.
Orders
- The accused is at liberty to take up one of the options under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 22 OF 2012
REPUBLIC…....................................................................................................PROSECUTOR
VERSUS
ALEX WENUA CHITUNO alias FRED MASIKA SHISONI………………..……ACCUSED
RULING
The accused Alex Wenua Chituno alias Fred Masika Shinoni is charged with murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 12th December 2012 at around 0100 hrs. at Kagwe Location, Lari District, Kiambu County murdered Moses Wanzusi Kibetti. The prosecution’s case against the accused is that he was one of the thugs who attacked and violently robbed the deceased and his family on the fateful night and in the course of the robbery fatally stabbed the deceased. The deceased’s wife PW1 testified that she recognized the voice of the accused and later identified him in an identification parade. PW2 testified to having known both the accused and the deceased and recognized the blood stained shirt (Exh.1) as belonging to the accused. 6 other witnesses testified in support of the prosecution case.
Other than the evidence on record both the prosecution and the defence tendered submissions which I have considered. After carefully considering the evidence on record and the submissions aforestated, I have come to the finding that the prosecution has established a prima faciecase against the accused Alex Wenua Chituno alias Fred Masika Shisoni. He is at liberty to take up one of the options under Section 306 of Criminal Procedure code.
Orders accordingly.
Ruling deliveredanddatedat Nairobi this 27th day of July, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
…………………………….: Accused
…………………………….: For the accused
…………………………….: For the State