[2018] KEHC 5455 (KLR)
The court found that the evidence of PW2, who claimed to have known and positively identified the accused persons as part of the group that attacked him and the deceased, was credible and not properly challenged at this stage. Although the identification was by a single witness, the court held that such evidence is...
Source-derived case information.
- Citation
- [2018] KEHC 5455 (KLR)
- Parties
- Applicant: Republic; Defendant: Ambrose Katharu M’Itubiri alias M’Muraga; Defendant: Seberio Kobia Munoru alias Zeberio Mugambi Kabuseria; Defendant: Dominic Muchiri Munoru alias Kobia Munoru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 46 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer
- Outcome
- Accused persons found to have a case to answer and called upon to defend themselves.
- Legal Topics
- Murder, Identification Evidence, Single Witness Testimony
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ambrose Katharu M’Itubiri alias M’Muraga
Defendant
Seberio Kobia Munoru alias Zeberio Mugambi Kabuseria
Defendant
Dominic Muchiri Munoru alias Kobia Munoru
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer
Legal Issues
- 1 Whether the accused persons have a case to answer for the offence of murder.
- 2 Whether the identification evidence by a single witness is sufficient to put the accused on their defence.
Ratio Decidendi
The court found that the evidence of PW2, who claimed to have known and positively identified the accused persons as part of the group that attacked him and the deceased, was credible and not properly challenged at this stage. Although the identification was by a single witness, the court held that such evidence is sufficient to establish a prima facie case if the witness is credible. Consequently, the accused persons were found to have a case to answer and were called upon to defend themselves against the charge of murder.
Court Disposition
Accused persons found to have a case to answer and called upon to defend themselves.
Orders
- Accused persons to be placed on their defence.
- Each accused to testify and call one witness.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 46 OF 2013
REPUBLIC......................................................................................PROSECUTION
VS
1. AMBROSE KATHARU M’ITUBIRI
2. SEBERIO KOBIA MUNORU ALIAS ZEBERIO MUGAMBI KABUSERIA
3. DOMINIC MUCHIRI MUNORU ALIAS KOBIA MUNORU........ACCUSED
RULING
The accused persons Ambrose Katharu M’Itubiri alias M’Muraga, Seberio Kobia Munoru alias zeberio Mugambi Kabuseria and Dominic Muchiri Munoru alias Kobia Munoru were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
The particulars are that on the night of 4th April 2013 at Giika Location in Igembe South District within Meru County, the accused persons jointly with others not before the court murdered Erick Mwenda.
PW2 said he positively identified 5 people who attacked him and his deceased cousin on the material night and shot his cousin in the ribs with an arrow and he was cut in the hand.
He says of the 5 assailants, 3 were arrested and charged one died and one is still at large. On the basis of PW2’s recognition of the assailants they were arrested and charged.
PW2 said he knew the accused persons and this court finds that his evidence though of a single witness is believable unless properly challenged by the accused persons. Accused persons are therefore called upon to defend themselves.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 12TH DAY OF JULY 2018.
IN THE PRESENCE OF:
C/A:-Penina
Prosecution: - Mrs Mwathi for state
Accused: A1 – Present in person
A2- Present in person
A3 – Present in person
Ms Thibaru Advocate holding brief for Mutegi for Accused persons
HON. A.ONG’INJO
JUDGE
Court
S.211 C.P.C explained to accused persons and they reply.
A1 – Sworn
- One witness
A2 – Sworn
- One witness
A3 – Sworn
- One witness
Order
Dhg 9. 8.18
HON. A.ONG’INJO
JUDGE