[2015] KEHC 5082 (KLR)
The court found that the prosecution's evidence, including the recovery of the deceased's phone from the accused, the lack of a reasonable explanation for possession, and the autopsy confirming death by strangulation, was sufficient to establish a prima facie case. The court ruled that the accused must be put on his...
Source-derived case information.
- Citation
- [2015] KEHC 5082 (KLR)
- Parties
- Applicant: Republic; Defendant: Frankline Otieno Asili
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- The accused has a case to answer and is put on his defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Case to Answer, Evidence Handling, Possession of Stolen Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Frankline Otieno Asili
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 to require him to be put on his defence.
- 2 Whether the evidence links the accused to the murder of John Ngige Gitau.
Ratio Decidendi
The court found that the prosecution's evidence, including the recovery of the deceased's phone from the accused, the lack of a reasonable explanation for possession, and the autopsy confirming death by strangulation, was sufficient to establish a prima facie case. The court ruled that the accused must be put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
The accused has a case to answer and is put on his defence.
Orders
- The accused is found to have a case to answer under Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 37 OF 2012
REPUBLIC……………………………….……….PROSECUTOR
VERSUS
FRANKLINE OTIENO ASILI…..…………………….. ACCUSED
RULING
1. Frankline Otieno Asili is facing trial for the murder of John Ngige Gitau. The particulars of the charge are that on the night of 28th and 29th August 2009 at Ruku Village in Kiambu County jointly with others not before court murdered John Ngige Gitau.
2. PW1 Simon Gitau Ngige testified that he found his deceased father’s house open on the morning of 29th August 2009. He entered the house and even entered the bedroom when his father failed to respond to his call. He informed relatives and reported to the police that his father was missing. Later the body was discovered in the banana farm behind the house. Cpl.Virginia produced photographs documenting the scene on behalf of Cpl. Wasike (now deceased) who was the scenes of crime officer. The photographic evidence shows the deceased’s body lying in the banana garden with his hands tied with a rope.
3. PW3 Pius Kamende’s evidence was limited to facilitating the identification of the body at the mortuary. The pathologist Dr. Johansen Oduor performed an autopsy on the deceased and concluded that he died of strangulation.
4. PW2 Mary Nafula Wahungu testified that she saw the accused setting a phone to one Everlyne on 20th May 2010. She knew both the accused and Everlyne.
5. PW8 Sgt. Damaris Matiri testified that she recovered the deceased’s phone Nokia 1200 from the accused and that the accused had no reasonable explanation on how he came into possession of the phone.
6. Having considered the evidence now on record, I find the accused has a case to answer in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 24thday of April, 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………...: Court clerk
……………………………….: Accused
……………………………....: For the accused
……………………………….: For the state