[2017] KEHC 7358 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. Only one witness, the pathologist, testified, confirming the cause of death but providing no evidence linking the accused to the crime. No other witnesses were called despite several adjournments. As a result, there was...
Source-derived case information.
- Citation
- [2017] KEHC 7358 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kinyanjui Gichohi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder, Standard of Proof, Prima Facie Case, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kinyanjui Gichohi
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the charge of murder.
- 2 Whether there was any evidence linking the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. Only one witness, the pathologist, testified, confirming the cause of death but providing no evidence linking the accused to the crime. No other witnesses were called despite several adjournments. As a result, there was no evidence upon which the court could find that the accused was responsible for the death of the deceased. The court therefore entered a verdict of not guilty and acquitted the accused, ordering his immediate release unless otherwise lawfully held.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 5 OF 2013
REPUBLIC …………..………………………………...…….. PROSECUTOR
VERSUS
GEOFFREY KINJUANJUI GICHOHI……...………………....………ACCUSED
RULING
The accused GEOFFREY KINYANJUI GICHOHI faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charge were that
“On the 14th day of January 2013 at Mugumo Village, Rurii Location in Nyandarua County, murdered BRIAN MUHORO GICHOHI”
The accused entered a plea of ‘Not Guilty’ to the charge. The accused was first arraigned in court in January 2013 but it was not until May 2014 that his trial commenced. The prosecution only called one (1) witness in support of the case. This was DR. PATRICK KARUIKI who was by then stationed at Olkalau Hospital.
PW1 testified that an autopsy was conducted on the body of the deceased on 15/1/2013. The deceased was found to have sustained a factured skull. The cause of death was opined to be ‘severe head injury consistent with blunt injury to the head”. The duly completed and signed post mortem report was produced as an exhibit P.exb 1.
No other witness was availed by the prosecution in this case. Despite several adjournments granted by the court the prosecution failed and/or declined to produce any other witness.
As it is all the court can with certainty is that the deceased died. There is no evidence whatsoever linking the accused to the death of the deceased. No prima faciecase had been established. I therefore enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated in Nakuru this 27th day of January, 2017.
Ms Yebei holding brief for Mr. Orege
Maureen A. Odero
Judge