[2015] KEHC 5723 (KLR)
The court found that the prosecution had established a prima facie case against the accused. The evidence, including eyewitness identification, forensic linkage of the firearm, and the post-mortem report confirming death by gunshot, pointed to the accused as the perpetrator of both the murder and the attempted...
Source-derived case information.
- Citation
- [2015] KEHC 5723 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Wafula Makoe
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 105 of 2008
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is required to make his defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Attempted Murder, Use of Firearms, Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Wafula Makoe
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution's Case
Legal Issues
- 1 Whether the accused caused the death of Isaac Ndunda Muli by an unlawful act.
- 2 Whether the accused attempted to murder Munyao Ikulumi.
- 3 Whether there is sufficient evidence to require the accused to make a defence under Section 306(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused. The evidence, including eyewitness identification, forensic linkage of the firearm, and the post-mortem report confirming death by gunshot, pointed to the accused as the perpetrator of both the murder and the attempted murder. Consequently, the accused is required to address the court in his defence as mandated by Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and is required to make his defence.
Orders
- The accused is required to address the court in his defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 105 OF 2008
REPUBLIC ……………………………………………………………..PROSECUTOR
VERSUS
GEOFFREY WAFULA MAKOE …..………………........................................ ACCUSED
RULING
Geoffrey Wafula Makoe, the Accused, is charged with the offence of MurderContrary to Section 203 as read with Section 204 of the Penal Code; and attempted murder contrary to Section 220 of the Penal Code. Particulars of the Offence are outlined in the information presented to court.
Circumstances of the offence herein are that on the 17th November, 2008, the accused, an Administration Police Officer was assigned duties of escorting BAT (K) Cigarettes from Nairobito Malindi. The accused was armed with a G3 rifle and so were two (2) of his colleagues. They decided to spend a night at Mtito Andei. At about 11. 00pm the accused decided to have a drink at a nearby pub. While there a scuffle ensued between him and some people. He lost Kshs. 3000/= in the process. Consequently, he rushed to his room and armed himself with a rifle. He returned to the venue and opened fire killing Isaac Ndunda Muli(deceased) instantly and injuring Munyao Ikulumi. The matter was reported to the police. Investigations were carried out and the accused was charged.
At the close of the prosecution’s case a post-mortem report produced in evidence established the fact that the deceased died as a result of a fatal head injury secondary to a gunshot. This is proof of the fact of death. PW2; Benson Munyao Kimanthiidentified the accused as the person who shot him twice in the thigh wounding him. Three fired cartridges recovered were confirmed to have been fired from the firearm that was issued to the accused.
At the conclusion of the prosecution’s case there is sufficient evidence pointing to the accused as the person who committed the offence. He is therefore required to address the court in his defence pursuant to the provisions of Section 306(2) of the Criminal Procedure Code.
DATED, SIGNED and DELIVERED at MACHAKOSthis 18THday of FEBRUARY, 2015.
L.N. MUTENDE
JUDGE