[2013] KEHC 4932 (KLR)
The court found that the prosecution had established the death of the deceased and the cause thereof through medical evidence. The proximity of the body to the accused's house, the accused's alleged admission, and the evidence of a struggle near the accused's residence collectively established a prima facie case....
Source-derived case information.
- Citation
- [2013] KEHC 4932 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Nyasiani Koroba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2009
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put to his defence.
- Legal Topics
- Murder, Burden of Proof, Prima Facie Case, Homicide, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Nyasiani Koroba
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 for the offence of murder.
- 2 Whether the evidence presented links the accused to the death of the deceased.
- 3 Whether the cause of death and the manner in which it occurred have been sufficiently established.
Ratio Decidendi
The court found that the prosecution had established the death of the deceased and the cause thereof through medical evidence. The proximity of the body to the accused's house, the accused's alleged admission, and the evidence of a struggle near the accused's residence collectively established a prima facie case. Therefore, the accused was found to have a case to answer and was put to his defence.
Court Disposition
Accused found to have a case to answer and put to his defence.
Orders
- The accused is put to his defence.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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REPUBLIC.......................................................................... PROSECUTOR
VERSUS
EVANS NYASIANI KOROBA..........……………………..…… ACCUSED
JUDGMENT
The accused, EVANS NYASIANI KOROBA is on trial for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The victim of the alleged crime is BONIFACE MUTUNGA.
The prosecution has called a total of eleven (11) witnesses. The post-mortem examination on the body of the deceased was conducted by Dr. Dorothy Njeru, a pathologist.
The pathologist established that the cause of death was Head Injury due to blunt trauma.
There was bleeding between the skin and the skull. There was a lot of blood over a wide area. There was also a fracture of the skull.
According to the doctor, the injury could have been caused by a heavy blunt object. And when the doctor was asked if Exhibit 1 (c) could have caused the fatal injury, she answered in the affirmative.
The doctor explained that although there was only one injury to the head of the deceased, the effects spread over a wide area.
She further explained that although there was some bruising of the skin at the point of the injury, what was more pronounced was a contusion.
A contusion was described as an injury which has a minimal external appearance, but with a deep effect.
The prosecution thus established the death of the deceased as well as the cause thereof.
The body of the deceased was recovered close to the house where the accused used to live. There was no other house close to that place.
The accused is said to have admitted having been involved in the killing of the deceased. If that be true, coupled with the recovery made from the house of the accused, and the evidence of a struggle so close to the said house, I am satisfied that the prosecution has established a prima facie case against the accused.
According, the accused has a case to answer. He is now put to his defence.
Dated, Signed and Delivered at Nairobi this 25th day of February, 2013.
….........................
FRED A. OCHIENG
JUDGE