[2014] KEHC 2817 (KLR)
The court found that the prosecution's evidence established that the deceased died from asphyxia due to neck strangulation, thereby ruling out natural causes of death. The evidence presented was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in Ramanlal...
Source-derived case information.
- Citation
- [2014] KEHC 2817 (KLR)
- Parties
- Respondent: Republic; Defendant: Anthony Kyalo Mukuli
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 68 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution
- Outcome
- Accused to be put on his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Anthony Kyalo Mukuli
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence adduced establishes the cause of death as unlawful and attributable to the accused.
Ratio Decidendi
The court found that the prosecution's evidence established that the deceased died from asphyxia due to neck strangulation, thereby ruling out natural causes of death. The evidence presented was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in Ramanlal Tambalal Bhatt v Republic, the court held that a conviction could follow if no explanation is offered by the defence. Consequently, the accused is required to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be put on his defence.
Orders
- The accused shall defend himself in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 68 OF 2008
REPUBLIC …………………………………………………….RESPONDENT
VERSUS
ANTHONY KYALO MUKULI…………………………………..ACCUSED
RULING
Antony Kyalo Mukuli (accused) is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are that on the 10thday of July, 2008 at Mikameni village, Ekalakala sub-location, Ekalakala Location, Masinga Division within the Yatta District of the Eastern Province murdered Hellen Mwikali Francis.
At the conclusion of the prosecution case, evidence adduced establishes the fact that the cause of the deceased’s death was cardio-pulmonary arrest due to asphyxia secondary to neck strangulation. The fact that the deceased died a natural death as a result of some illness would therefore be ruled out.
Consequently, I am convinced that evidence adduced establishes a prima facie case whereby conviction could follow in case there is no explanation offered by the defence. (See Ramanlal Tambalal Bhatt versus Republic [1957] E.A. 322).
Therefore, the accused shall defend himself in accordance with Section 306(2) of the Criminal Procedure Code.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 15THday of SEPTEMBER, 2014
L.N. MUTENDE
JUDGE