[2014] KEHC 5208 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was insufficient to connect the accused to the murder of Zubeda Bahati beyond mere suspicion. The prosecution's case relied on the accused's prior threats and his relationship with the deceased,...
Source-derived case information.
- Citation
- [2014] KEHC 5208 (KLR)
- Parties
- Applicant: Republic; Defendant: Bahati Fondo
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2010
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- acquittal
- Judges
- CW Meoli
- Legal Topics
- Murder, 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
Bahati Fondo
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant placing him on his defence.
- 2 Whether the evidence adduced connected the accused to the murder of Zubeda Bahati.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was insufficient to connect the accused to the murder of Zubeda Bahati beyond mere suspicion. The prosecution's case relied on the accused's prior threats and his relationship with the deceased, but lacked direct or circumstantial evidence placing him at the scene or proving his involvement. The court held that no reasonable tribunal could place the accused on his defence based on the evidence adduced. Consequently, the accused was acquitted under Section 306(1) of the Criminal Procedure Code and ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is acquitted under Section 306(1) of the Criminal Procedure Code.
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
CRIMINAL CASE NO. 14 OF 2010
REPUBLIC ………………………………....……PROSECUTOR
VERSUS
BAHATI FONDO …………………..…………….…… ACCUSED
RULING
The accused was charged with the murder contrary, to Section 203 as read with Section 204 of the Penal Code, of Zubeda Bahati on 12th December, 2009 at Mnarani area, Kilifi. He denied the charge and he was represented by Mr. Muranje.
At the close of the prosecution case, only three witnesses had testified. To the effect that the accused was the estranged husband of the deceased and that she was in the material period working for one Rhoda as a househelp. On 12th December, 2009 Rhoda sent her to her (Rhoda) sister’s house. The said sister is Lydia Gathoni (PW3). It would seem that an unknown person followed Zubeda to PW3’s house and murdered her in the store of the home. The first suspect was the accused who had previously threatened to kill Zubeda. The deceased had confided this information a month previously to PW3.
Evidently, there were grounds to suspect that the accused had some connexion to the murder of Zubeda. He was arrested but it seems no proper investigations were carried out to establish his exact role in the gruesome killing of his wife. As the evidence now stands, no reasonable tribunal can place the accused on his defence. No prima facie case has been established against him. I will acquit him under Section 306(1) of the Criminal Procedure Code and direct that he be set at liberty unless otherwise lawfully held.
Delivered and signed at Malindi this 5thday of March, 2014 in the presence of the Accused, Mr. Michira holding brief for Mr. Muranje for the accused, Mr. Kasyoki for the State.
Court clerk - Samwel
C. W. Meoli
JUDGE