[2016] KEHC 648 (KLR)
The court found that the prosecution's evidence, including eyewitness accounts of the assault, medical evidence confirming the cause of death as head injury due to blunt force trauma, and the circumstances of the accused persons' involvement, was sufficient to establish a prima facie case against all three accused...
Source-derived case information.
- Citation
- [2016] KEHC 648 (KLR)
- Parties
- Applicant: Republic; Defendant: Dominic Shikora; Defendant: Justus Khakayi; Defendant: Edwin Mwaka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Prima facie case established; accused persons to make their defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dominic Shikora
Defendant
Justus Khakayi
Defendant
Edwin Mwaka
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to require them to make their defence.
- 2 Whether the evidence adduced links the accused persons to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness accounts of the assault, medical evidence confirming the cause of death as head injury due to blunt force trauma, and the circumstances of the accused persons' involvement, was sufficient to establish a prima facie case against all three accused persons. The court held that the evidence, if uncontroverted, would warrant a conviction, and therefore each accused is required to make his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Prima facie case established; accused persons to make their defence.
Orders
- Each accused person is required to make his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 57 OF 2012
REPUBLIC ………………………………………….PROSECUTOR
VERSUS
DOMINIC SHIKORA…….………………………….1ST ACCUSED
JUSTUS KHAKAYI…………………………………2ND ACCUSED
EDWIN MWAKA…………………………………….3RD ACCUSED
RULING
Dominic Shikora, Justus KhakayiandEdwin Mwaka are jointly charged with the offence of murder contrary to Section 202 as read with Section 203 of the Penal Code. The particulars of the offence are that on the 30th day of June 2012 at Kangemi bottom-line in Dagoretti Division within Nairobi County jointly murdered Patrobas Hillary Amwoka.
The prosecution called 7 witnesses. The prosecution case is that the 3 accused persons assaulted the deceased with assorted crude weapons. The deceased was rushed to Kenyatta National Hospital where he succumbed to the injuries after undergoing treatment for two weeks. Moses Likhaya (PW1) and Edwin Shipanzi Lutenyo (PW2) testified that they were at the scene and saw the deceased being assaulted. Kevin Shivega (PW3) testified that the deceased was his elder brother. He was alerted of the assault and he rushed to the scene where he found him bleeding. He rushed him to hospital. Joseph Michael Likhaya (PW4) was the deceased’s father. He identified the body at the city mortuary for post-mortem. Dr. Andrew Kanyi Gachie (PW5) conducted post mortem on the body of the deceased and formed an opinion that the cause of death was head injury due to blunt force trauma. Other witnesses were No.65982 Sgt. Samuel Muturi (PW6) who was the arresting officer and No.234375 Inspector Ezekiel Oudo who was the investigating officer in the case.
I have given careful consideration to the prosecution evidence summarized above. I find that a prima facie case has been established against all 3 accused persons. Each is required to make his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 23rd day of November, 2016
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
……………………………: 1st accused
……………………………: 2nd accused
……………………………: 3rd accused
……………………………: For 1st accused
……………………………: For 2nd accused
……………………………: For 2nd accused
……………………………: For the State