[2019] KEHC 4045 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. There was no evidence confirming the death of the deceased, no post mortem report, and no testimony from the family or police to corroborate the occurrence of death or the accused's involvement. The only witness did not...
Source-derived case information.
- Citation
- [2019] KEHC 4045 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Muvevi Kyeva
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2017
- Procedural Posture
- Criminal Trial / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Standard of Proof, Evidence Requirements, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Benson Muvevi Kyeva
Defendant
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case to require the accused to be placed on his defence.
- 2 Whether there was sufficient evidence to prove the death of the deceased and the accused's involvement.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. There was no evidence confirming the death of the deceased, no post mortem report, and no testimony from the family or police to corroborate the occurrence of death or the accused's involvement. The only witness did not witness the killing and could only confirm that the accused and deceased were present at the bar and had a quarrel. In the absence of evidence confirming the death and linking the accused to the alleged offence, the court held that it would be unsafe and contrary to law to place the accused on his defence. Consequently, the accused was found not guilty and acquitted under...
Court Disposition
acquittal
Orders
- The accused Benson Muvevi Kyeva is found not guilty and acquitted under Section 306(1) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 121 OF 2017
(FORMERLY MACHAKOS HCCR NO. 12 OF 2014)
REPUBLIC.................................................PROSECUTION
-VERSUS-
BENSON MUVEVI KYEVA.............................ACCUSED
RULING
1. The accused Benson Muvevi Kyeva stands charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that the accused on the night 11th and 12th day of February, 2014 at Mwitasyano village, Nthongoni sub-location, Mangelete location in Kibwezi district within Makueni county murdered Joshua Mutie Mumina.
2. The accused was first arraigned in court on 27th February, 2014. The first and only witness testified on 8th July, 2014 before Justice B. Thuranira Jaden, at Machakos High court. The said witness is Muthoka Ndunda who is a businessman and operated Ngungani bar at Mwitasyano village. He did not witness the killing but confirmed that the accused and the deceased had been his customers at the bar on 11th February, 2014.
3. The accused had been joined by the deceased who was very drunk. He had heard the deceased and accused quarrel over buying of beer. He left the bar for his home later that night leaving the accused, deceased and Kasee outside the door of the bar near the shops.
4. The next morning, he received a call from one of the shopkeepers informing him that the deceased’s body was lying outside his bar. A brother of the deceased stopped him from going to the police station. One is left to wonder why the deceased’s brother did that.
5. No other witness testified and the prosecution closed the case on 24th September, 2019.
6. Besides the evidence of Pw1, there is no evidence to confirm the death of the deceased. There is no evidence from the family and the police. There was no post mortem to confirm the cause of death.
7. In short, there is no evidence that would make this court place the accused on his defence. I therefore find him not guilty and acquit him under Section 306(1) Criminal Procedure Code.
Orders accordingly
DELIVERED, SIGNED & DATED THIS 1ST DAY OF OCTOBER, 2019, IN OPEN COURT AT MAKUENI.
…………………
H. I. ONG’UDI
JUDGE