[2006] KEHC 1366 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The only evidence presented was circumstantial, consisting of a blood-stained jacket and a kitchen knife, both bearing blood group B, which matched the accused but not the deceased. There was no eyewitness testimony or...
Source-derived case information.
- Citation
- [2006] KEHC 1366 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrisantus Juma Wafula
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2003
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Prosecution's Case
- Outcome
- acquittal
- Legal Topics
- Murder, Standard of Proof, Circumstantial Evidence, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Chrisantus Juma Wafula
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Prosecution's Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the circumstantial evidence adduced was sufficient to link the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. The only evidence presented was circumstantial, consisting of a blood-stained jacket and a kitchen knife, both bearing blood group B, which matched the accused but not the deceased. There was no eyewitness testimony or direct evidence linking the accused to the murder. The court held that suspicion, however strong, is not sufficient to put the accused on his defence or to sustain a conviction. Accordingly, the accused was acquitted under Section 306 of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused is acquitted and ordered set free forthwith unless lawfully held for another cause.
- Assessors are discharged and may be resummoned in other cases.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA
Criminal Case 40 of 2003
REPUBLIC……………………………….………..............................……………………PROSECUTOR
VS
CHRISANTUS JUMA WAFULA…………………...............................………………………ACCUSED
RULING
The accused herein Chrisantus Juma Wafula is before this court facing a charge of murder. The particulars are that, on the 24th day of April 2003, at Siumbwa Village, Chwele Location in Bungoma District within Western Province murdered Charles Wafula. The prosecution lined up the evidence of 5 witnesses. Upon closing its case the parties were invited to make submissions under Section 306 of the Criminal Procedure Code.
I have considered the evidence of these five witnesses. I have also taken into account the submissions made by Mr. Gichana advocate for the accused and that of the Learned Principal State Counsel.
It is quite clear that the deceased was killed at night when it was dark just outside his house. There was no eye witness. The only evidence connecting the accused with the offence is a blood stained jacket and a kitchen knife – which were taken for examination. A government analyst report was produced by one PC. Benjamin Musa (P.W.4). He indicated that the blood stains on the jacket and on the knife were of the same blood group B as that of the accused. There was no nexus between the blood group of the deceased and that found on the jacket and the knife.
In the end, there was no credible evidence that the accused committed the offence he is now facing. What is there is a strong suspicion that he committed the offence. For the aforegoing reasons the accused is acquitted and ordered set free forthwith unless lawfully held. The assessors are hereby discharged. They may be resummoned to serve in other cases. They should however be paid today’s allowances.
Dated and delivered this 1st day of August, 2006.
J. K. SERGON
JUDGE
1. 08. 2006