[2016] KEHC 647 (KLR)
The court found that the prosecution's evidence, including the use of the accused's mobile phone in the ransom demand and the circumstances surrounding the deceased's disappearance and subsequent discovery of his body, was sufficient to establish a prima facie case against the accused. Therefore, the accused is...
Source-derived case information.
- Citation
- [2016] KEHC 647 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Gachau Kamotho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Case to answer found; accused to make defence.
- Legal Topics
- Murder Trial, Prima Facie Case, Criminal Procedure, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Gachau Kamotho
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
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 links the accused to the murder of Emmanuel Nderu Nganga.
Ratio Decidendi
The court found that the prosecution's evidence, including the use of the accused's mobile phone in the ransom demand and the circumstances surrounding the deceased's disappearance and subsequent discovery of his body, was sufficient to establish a prima facie case against the accused. Therefore, the accused is required to make his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Case to answer found; accused to make defence.
Orders
- The accused shall make his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.86 OF 2012
REPUBLIC.........................................................................PROSECUTOR
VERSUS
CHARLES GACHAU KAMOTHO………………………………..……..ACCUSED
RULING
1. The accused Charles Gachau Kamotho is facing trial for the murder of one Emmanuel Nderu Nganga. It is alleged that he committed the offence on the night of 11th and 12th day of September, 2012 at Githurai 45 Estate in Nairobi within Nairobi County.
2. A total of thirteen witnesses have testified for the prosecution. The prosecution case is that the deceased left his home on the night of 11th September 2012 to attend a prayer session. He did not return home. It later turned out that the deceased had been kidnapped by unknown persons who demanded ransom. The family parted with a total of Kshs.350,000/-. On 12th September 2013 the body of the deceased was found near Clay Works off Thika Super Highway. Upon investigations, it was found that the deceased’s sim card and a sim card registered to one Phylis Wahome had been inserted into a mobile phone hand set belonging to the accused. That was the handset that was used to demand ransom from the family of the deceased.
3. From my consideration of the prosecution evidence summarized above and the submissions tendered, I find from the totality of the evidence that a prima facie case has been established against the accused. He has a case to answer and shall make his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signedatNairobithis 1stday ofNovember, 2016
R. LAGAT-KORIR
JUDGE
In the presence of:-
…………………………: Court clerk
…………………………: Accused
…………………………: For accused
…………………………: For State