[2015] KEHC 2032 (KLR)
The court found that the prosecution's evidence, particularly the eyewitness account identifying the accused as the person who stabbed the deceased and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case of murder against the accused. The court held that the prosecution...
Source-derived case information.
- Citation
- [2015] KEHC 2032 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Nandi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2009
- Procedural Posture
- Criminal Murder Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- AT Sitati
- Legal Topics
- Murder, Prima Facie Case, Malice Aforethought, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benard Nandi
Defendant
Procedural Posture
Criminal Murder Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced establishes the elements of murder as defined under the Penal Code.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the eyewitness account identifying the accused as the person who stabbed the deceased and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case of murder against the accused. The court held that the prosecution had met the threshold required at this stage, necessitating the accused to be put on his defence to answer the charge of murder. The ruling did not determine guilt but confirmed that the evidence, if unchallenged, would be sufficient to convict.
Court Disposition
Accused put on his defence.
Orders
- The accused is put on his defence to answer the charge of murder.
- The accused to indicate which mode of defence he will adopt: sworn evidence, unsworn statement, or silence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL (MURDER) CASE NO. 3 OF 2009
REPUBLIC…………………………………………PROSECUTOR
VERSUS
BENARD NANDI………………………………………ACCUSED
R U L I N G
1. The accused person herein, Benard Nandi is before this court on one Count of murder contrary to section 203 as read with Section 204 of the Penal Code, the particulars thereof being that on the 3rd day of January, 2009 at Shihungu Village Lubao Sub-Location Kambiri Location in East Kakamega District of Western Province murdered PETER WAMWAYI. The accused pleaded not guilty and the case has been ongoing since 18. 11. 2010 when PW1, Jackson Makamu testified.
2. The prosecution called at total of 8 witnesses whose evidence was geared towards proving that the deceased was killed through the unlawful acts of the accused person herein and with malice aforethought. PW1 told the court that he was together with other young men on their way from Lubao at about 2. 30pm on 03/01/2009 when they were attacked by a group of about 12 young men among them the accused. That it was the accused who stabbed the deceased with a knife on the right hand side of the chest. That as a result of that attack the deceased fell down and started screaming while he himself rushed to the house of one Timona nearby. PW1 stated that he had also been assaulted and was weak. Pw1 stated that when he later sought treatment at Shikusa Health Centre, he found out that the deceased had already died. PW1 also stated that he knew the accused person before.
3. Dr. Jeremiah Kinuthia testified as PW7. He produced the post mortem report which was filled and signed by Dr. Oreke who conducted the post mortem examination on the body of the deceased on 07/01/2009.
4. According to the doctor’s evidence the deceased’s white T-Shirt was blood stained on the right anterior and also posterior. There was also a stab wound about 3 cm long on the right chest. The wound had smooth edges. In the doctor’s opinion the cause of death was cardiopulmonary arrest due to haemorrhagic severe anaemia secondary to penetrative chest anaemia. The certificate of death was produced as P exhibit 1.
5. After carefully considering the above evidence together with the evidence of the other 6 prosecution witnesses, I am satisfied that the prosecution has established a prima facie case against the accused person requiring him to defend himself against the charge of murder. I now put on him on his defence.
6. In defending himself the accused may give either sworn or unsworn evidence. If he gives sworn evidence, he will be asked questions both by the prosecution and the court. However, if he gives unsworn evidence nobody will ask him any questions. Finally if the accused so wishes, he can exercise his right of silence and let the court decide the case on the evidence that is before it. In each case, the accused has a right to call witnesses.
7. I now call upon the accused person to indicate to the court which of the 3 options he will take in defending himself.
Orders accordingly.
Ruling delivered dated and signed in open court at Kakamega this 30th day of September 2015
RUTH N. SITATI
JUDGE
In the presence of:
Mr. Omwenga for The State
Mr. Shifwoka for Elung’ata for Accused
Mr. Okoiti - Court Assistant