[2019] KEHC 3860 (KLR)
The court found that, although there was no eyewitness to the killing, the circumstantial evidence presented by the prosecution, as well as the explanations provided by the witnesses and the results of the investigations, were sufficient to establish a prima facie case against the accused. The court was satisfied...
Source-derived case information.
- Citation
- [2019] KEHC 3860 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Makau Kasiya
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 115 of 2014
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused placed on his defence
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fredrick Makau Kasiya
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 circumstantial evidence adduced is sufficient to require the accused to answer the charge of murder.
Ratio Decidendi
The court found that, although there was no eyewitness to the killing, the circumstantial evidence presented by the prosecution, as well as the explanations provided by the witnesses and the results of the investigations, were sufficient to establish a prima facie case against the accused. The court was satisfied that the evidence adduced required the accused to be placed on his defence in accordance with Section 306(2) of the Penal Code. The defence's submissions were considered but did not displace the sufficiency of the prosecution's case at this stage.
Court Disposition
accused placed on his defence
Orders
- The accused is hereby placed on his defence under Section 306(2) Penal Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 115 OF 2017
FORMERLY MACHAKOS HCCRC 11 OF 2014
REPUBLIC..............................PROSECUTION
-VERSUS-
FREDRICK MAKAU KASIYA.......ACCUSED
RULING
1. The accused Fredrick Makau Kasiyastands charged with the offence of Murder contrary to Section 203 as read with Section 204 Penal Code. The particulars being that on the night of 17th and 18th February, 2014 he killed Francis Mutua Kasiya.He denied the charge.
2. The prosecution called a total of seven (7) witnesses. There is no eye witness to the killing. The witnesses have explained to the court what they saw and what the investigations revealed.
3. Mr. Muia for the accused gave an analysis of the evidence and submitted that the prosecution did not establish a prima facie case against the accused.
4. I have weighed the circumstantial evidence adduced and the submissions by the defence. I am satisfied that the prosecution has adduced sufficient evidence which has formed a prima facie case against the accused person.
5. I hereby place him on his defence under Section 306 (2) Penal Code.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 9TH DAY OF OCTOBER 2019, IN OPEN COURT AT MAKUENI.
..........................
H. I. ONG’UDI
JUDGE