[2017] KEHC 8075 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony and medical reports, was strong and uncontroverted. The evidence established that the accused was present at the scene, that the two children died from stab wounds, and that the accused had inflicted similar injuries upon herself. The...
Source-derived case information.
- Citation
- [2017] KEHC 8075 (KLR)
- Parties
- Applicant: Republic; Defendant: Christine Lugatsiva Kaburu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
- Outcome
- Accused found to have a case to answer and placed on her defence.
- Judges
- FM Mutuku
- Legal Topics
- Murder, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Christine Lugatsiva Kaburu
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Prosecution Closes Its Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being placed on her defence.
- 2 Whether the evidence adduced supports the charges of murder against the accused.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony and medical reports, was strong and uncontroverted. The evidence established that the accused was present at the scene, that the two children died from stab wounds, and that the accused had inflicted similar injuries upon herself. The sequence of events, corroborated by multiple witnesses, indicated that the accused was responsible for the deaths. The court concluded that the prosecution had established a prima facie case sufficient to require the accused to be placed on her defence, as required by Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is placed on her defence to answer the charges of murder.
- The accused is informed of her right to defend herself and to call witnesses if she so wishes.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 39 OF 2013
REPUBLIC………………………………….….PROSECUTOR
VERSUS
CHRISTINE LUGATSIVA KABURU…………......…ACCUSED
RULING
Christine Lugatsiva Kaburu, hereinafter “the accused”, is facing two counts of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the two offences are that on 21st January 2013 at Kangemi Area, Dagoretti District within Nairobi County she murdered Britney Bulinda and Anointed Amalemba. The accused pleaded not guilty to the two charges. She is represented by Mrs. Nyamongo, advocate.
The prosecution has closed its case against the accused. Nine (9) witnesses have testified in support of the case. I have read the evidence adduced. It shows that on 21st January 2013, the accused who lived with her husband Paul Bulinda in Nairobi, called her mother-in-law Inviolata Mutola (PW3) and told her to wait for two coffins from Nairobi. PW3 was at the time of that call at Sigalagala, Kakamega. After about twenty (20) minutes, Paul Bulinda, husband to the accused, called his mother PW3 and informed her that the accused had killed their two children.
On the same day, around 4. 30pm Daniel Kakai (PW2), the Caretaker at the plot where the accused and her family lived, received information from his wife that the accused had threatened to kill her two children and commit suicide. PW2 rushed to the scene in company of the wife of the Landlord. They found the accused’s house latched from inside. They broke open the door and found that the two children had been stabbed. Anointed the boy had a stab wound on the stomach while Britney the girl had stab wounds on the stomach and the chest. The accused had stabbed herself on the stomach with the knife still sticking out of her stomach.
The matter was reported to police who visited the scene and took the accused and Britney who was still alive to Kikuyu Mission Hospital. The body of Anointed Amalemba was removed and taken to the City Mortuary. The accused was treated and on her recovery she was charged with the two offences.
The deaths of the two children have been confirmed by the pathologist to have been caused by exsanguination due to penetrating stab wounds.
The evidence is strong and uncontroverted. It establishes a strong case against the accused person and leads me to the conclusion that the prosecution has made out a case against the accused person to warrant her being placed on her defence. Consequently, I find that the accused person has a case to answer and hereby place her on her defence. The accused has been informed of her right to defend herself and to inform this court of the manner she wishes to do so and whether she will be calling witnesses. Section 306 (2) of the Criminal Procedure Code has been complied with and orders shall issue accordingly.
Dated, signed and delivered this 26th day of January 2017.
S. N. Mutuku
Judge