[2019] KEHC 6815 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. The evidence presented was contradictory, with two versions of the deceased's account regarding the cause of his injuries. The prosecution did not explain why it preferred the version implicating the accused over the...
Source-derived case information.
- Citation
- [2019] KEHC 6815 (KLR)
- Parties
- Respondent: Republic; Defendant: Dennis Derrick Oduke
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2016
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
- Outcome
- acquittal
- Judges
- KW Kiarie
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dennis Derrick Oduke
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution 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 evidence adduced connected 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 evidence presented was contradictory, with two versions of the deceased's account regarding the cause of his injuries. The prosecution did not explain why it preferred the version implicating the accused over the version attributing the injuries to a motorcycle accident. Furthermore, there was no other evidence linking the accused to the offence. Applying the standard for a prima facie case as set out in Ramanlal Trambaklal Bhatt vs. Republic, the court held that no reasonable tribunal could convict the accused on the evidence presented if no explanation was offered by the defence....
Court Disposition
acquittal
Orders
- The accused, Dennis Derrick Oduke, is acquitted of the offence of murder under section 306(1) of the Criminal Procedure Code.
- The accused is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CRIMINAL CASE NO. 13 OF 2016
REPUBLIC.............................. PROSECUTOR
VERSUS
DENNIS DERRICK ODUKE........ACCUSED
RULING
1. Dennis Derrick Oduke is charged with an offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars of the offence are that on the 14th day of April 2016, at Sigalamesub location in SamiaSub-county of Busia County, murdered Leonard Kevin Murunga.
3. The prosecution case was that the deceased was found in a bush while half naked and had injuries. He was taken to hospital but later succumbed to the injuries.
4. After the close of the prosecution case, the only issue for determination is whether a prima faciecase has been established against the accused. The Court of Appeal in the case of Ramanlal Trambaklal Bhatt vs. Republic (1957) E.A. 332 at335,defined a prima facie case in the following terms:
It is may not be easy to define what is meant by a “prima facie case”, but at least it must mean one on which a reasonable tribunal, properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.
This is what is going to guide me in this case in finding whether the prosecution has established a case for the accused to be called upon to tender his defence.
5. The prosecution tendered two versions which were attributed to the deceased. According to the evidence of Micah Maji Maji (PW1) and who is the area assistant chief, when he visited the deceased in hospital, he told him that he sustained the injuries that led to his hospitalization after falling with a motor cycle. However, according to the evidence of Beatrice Ajianbo Muruka (PW5), the deceased told the doctor in her presence that he was beaten by the accused, Ajoo and Bonnie. There was no explanation by the prosecution as to why they believed the second version and not the first. There was no other evidence that connected the accused to the offence he was charged with.
6. From the foregoing analysis of evidence on record, I find that the prosecution has failed to establish a prima facie case against the accused. I accordingly acquit him of the offence of murder under section 306 (1) of the Criminal Procedure Code. He is set at liberty unless if he is otherwise lawfully held.
DELIVERED and SIGNED at BUSIA this 14th day of June, 2019
KIARIE WAWERU KIARIE
JUDGE