[2016] KEHC 4331 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented, including testimony from four witnesses and two post mortem reports, only established that the deceased died on 13th May 2014. However, the cause of death was unknown, and there was no evidence...
Source-derived case information.
- Citation
- [2016] KEHC 4331 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Marube
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Murder Case 57 of 2014
- Procedural Posture
- Criminal Trial / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Marube
Defendant
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the offence of murder.
- 2 Whether the evidence adduced linked the accused to the unlawful death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented, including testimony from four witnesses and two post mortem reports, only established that the deceased died on 13th May 2014. However, the cause of death was unknown, and there was no evidence linking the accused to the death by an unlawful act or omission. The necessary ingredients of the charge of murder were not established, and it would be unsafe and improper to call upon the accused to make his defence, as this would amount to asking him to fill the gaps in the prosecution's case. Consequently, the accused was acquitted at this stage for lack of evidence.
Court Disposition
acquittal
Orders
- The accused has no case to answer and is accordingly acquitted at this juncture.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL (MURDER) NO. 57 OF 2014
REPUBLIC …………….………………………………….…..…PROSECUTOR
VERSUS
BENARD MARUBE ………………............………………………........ ACCUSED
RULING
1. The charge against the accused is that of murder, contrary to S. 203 read with S. 204 of the Penal Code. He is said to have murdered his wife Priscikila Kemunto, on the 13th May 2014, at Mwamogesa Village Kisii County.
S.203 of the Penal Code provides that:-
“Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder”.
2. At the close of its case, the prosecution was required to have provided not only sufficient but also credible evidence for purposes of establishing a “prima facie” case against the accused and thus establish the material ingredients of the charge.
Basically, a “prima facie” case is one in which a reasonable court properly directing its mind to the law and the evidence before it would convict if no explanation is offered by the defence.
3. Herein, the evidence adduced by the four (4) witnesses against the accused other than establishing that the deceased died on the 13th May 2014 at 4. 00pm has failed to show that the death of the deceased was caused by the accused by way of an unlawful act or omission. The production of two post mortem reports by different doctors (i.e P.Ex 1 and 2) was adequate prove that the cause of the death of the deceased was unknown such that she could have died from natural causes or as a result of a trauma whose origin was unknown. In essence, the necessary ingredients of the charge of murder were not established by the evidence so far adduced against the accused. It would therefore be dangerous to call upon him to make his defence as that would be tantamount to asking him to fill the gaps left wide open by the prosecution.
4. In the upshot, the accused has no case to answer and is accordingly acquitted at this juncture.
J.R. KARANJAH
JUDGE
[Delivered and signed this 30th day of June 2016].
[In the presence of Mr. Otieno for Prosecution and Mr. Sagwe for defence.]