[2019] KEHC 5650 (KLR)
The court found that despite the prosecution's failure to produce a post mortem report, the evidence from the three witnesses was sufficient to establish that the deceased died as a result of injuries sustained on the material night. The judge was satisfied that a prima facie case had been made out against the...
Source-derived case information.
- Citation
- [2019] KEHC 5650 (KLR)
- Parties
- Applicant: Republic; Defendant: Festus Musembi Loko
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on defence
- 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
Festus Musembi Loko
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the absence of a post mortem report precludes a finding that the deceased died as a result of the alleged injuries.
Ratio Decidendi
The court found that despite the prosecution's failure to produce a post mortem report, the evidence from the three witnesses was sufficient to establish that the deceased died as a result of injuries sustained on the material night. The judge was satisfied that a prima facie case had been made out against the accused, warranting his being placed on his defence under Section 306(2) of the Criminal Procedure Code. The absence of a post mortem report did not preclude the court from finding that the deceased died from the alleged injuries, as the totality of the evidence presented was adequate at this stage of the proceedings.
Court Disposition
accused placed on defence
Orders
- The accused is hereby placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC NO.73 OF 2017
REPUBLIC......................................................PROSECUTION
-VERSUS-
FESTUS MUSEMBI LOKO.....................................ACCUSED
RULING
1. Festus Musembi Lokothe accused herein is charged with the offence of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
The particulars are that the accused on 7th day of March, 2013 at Mwaani village, Mwaani Sub-location, Kilungu District within Makueni County murdered David Mwendwa Mbithi.
2. The prosecution only presented three witnesses and closed its case. No post mortem report was produced. Despite the failure to produce the post mortem, I am satisfied that the deceased died as a result of the injuries he suffered that night.
3. I have considered the evidence on record and the submissions by the defence.
4. I find a prima facie case made against the accused who I hereby place on his defence under Section 306(2) Criminal Procedure Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 16TH DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.
...........................
H. I. ONG’UDI
JUDGE