[2019] KEHC 408 (KLR)
The court found, after evaluating the evidence of eleven prosecution witnesses and the submissions by the defence, that there was sufficient evidence to require the accused to be placed on her defence for the offence of murder. The court was not persuaded by the defence's argument that there was no evidence linking...
Source-derived case information.
- Citation
- [2019] KEHC 408 (KLR)
- Parties
- Applicant: Republic; Defendant: Beatrice Wanthi Musembi
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 150 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused to be placed on her defence under section 306(2) of the Criminal Procedure Code.
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Evidence Admissibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Beatrice Wanthi Musembi
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether there is sufficient evidence to require the accused to be placed on her defence for the offence of murder.
- 2 Whether the confession by the deceased was admissible under the Evidence Act.
Ratio Decidendi
The court found, after evaluating the evidence of eleven prosecution witnesses and the submissions by the defence, that there was sufficient evidence to require the accused to be placed on her defence for the offence of murder. The court was not persuaded by the defence's argument that there was no evidence linking the accused to the murder or that the confession was inadmissible. Accordingly, the court ruled that the accused should be put on her defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused to be placed on her defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is hereby placed on her defence under section 306(2) 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 MAKUENI
HCCR NO. 150 OF 2017
FORMERLY MACHAKOS HCCRC. NO. 40 OF 2014
REPUBLIC…………………………….………………..…PROSECUTION
VERSUS
BEATRICE WANTHI MUSEMBI………..…..…………..……ACCUSED
RULING
1. Beatrice Wanthi Musembithe accused herein is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The deceased herein was Ali Mwapheso Katiwa a niece to the accused and her husband Evans Ngatia.
2. The prosecution called eleven (11) witnesses before closing its case. It relied on their evidence and so did not file any written submissions. M/s B.M Musau and co. advocates filed written submissions at the close of the prosecution case.
3. It is the submission of the defence counsel that there is no evidence linking the accused with the murder of the deceased.
4. That the confession by the deceased was not taken in line with the Evidence Act.
5. I have carefully evaluated the evidence on record and the submissions by the defence. I find there to be sufficient evidence for the accused to be placed on her defence under section 306(2) Criminal Procedure Code which I do hereby do.
Orders accordingly.
Delivered, signed & dated this 17th day of December 2019, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge