[2018] KEHC 235 (KLR)
The court found that the only prosecution witness did not see the accused at the scene nor provide any evidence, direct or circumstantial, linking the accused to the death of the deceased. There was no evidence before the court that could sustain a conviction if the accused elected to remain silent. Consequently,...
Source-derived case information.
- Citation
- [2018] KEHC 235 (KLR)
- Parties
- Respondent: Republic; Defendant: Geogindah Singh
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- acquittal
- Judges
- CM Njagi
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Geogindah Singh
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether there was any evidence, direct or circumstantial, connecting the accused to the death of the deceased.
Ratio Decidendi
The court found that the only prosecution witness did not see the accused at the scene nor provide any evidence, direct or circumstantial, linking the accused to the death of the deceased. There was no evidence before the court that could sustain a conviction if the accused elected to remain silent. Consequently, the prosecution failed to establish a prima facie case against the accused, and the accused was acquitted under section 210 of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder under section 210 of the Criminal Procedure Code.
- The accused is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 51 OF 2013
REPUBLIC...............................PROSECUTOR
VERSUS
GEOGINDAH SIGNH.....................ACCUSED
R U L I N G
Geogindah Singh (herein referred to as the accused) is charged with murder contrary to section 203 as read with section 204 of the penal code. The particulars of the offence are that on the 23rd September, 2013 at Vucheseni Village, Shingoto Sub-Location, Shibuye Location of Kakamega East District within Kakamega County he murdered one Colletta Abukwa Upala (herein referred to as deceased).
Only one witness, Roda Chetina Mukhanda PW1 testified for the prosecution in the case. Her evidence was that on the material day at 5pm she was at her home when she heard screams emanating from the home of the deceased. She went to the home of the deceased. She found some people chasing a person. She was told that the person who was being chased was the accused. She did not see him. On getting to the home, she found the body of the deceased lying in a water-logged pit. She and other people removed the body from the pit and took it to the house of the deceased. Policemen were called to the scene. They took the body away.
Neither the defence nor the prosecution made submission at the close of the prosecution case. The court is now required to rule on whether the accused has a case to answer.
1. A prima facie case, it has been held, means-
One on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence –see Ramanlal Trambaklal Bhatt – vs – Republic (1957) EA332.
The only witness who testified in the case, PW1, stated that she did not see the person who was being chased. She did not state how the accused may have been connected with the death of the deceased. There is then no evidence, either circumstantial or otherwise, to connect the accused with the death of the deceased.
The evidence placed before the court cannot sustain a conviction against the accused if he elected to give no evidence in the case.
In the foregoing the accused has no case to answer and is accordingly acquitted of the charge vide section 210 of the Criminal Procedure Code.
Ruling delivered, dated and signed in open court at Kakamega this 20th day of November, 2018.
J. NJAGI
JUDGE
In the presence of
Juma……………….………………for state
Miss Wilunde –No appearance …....for accused
Court clerk………………………....George
Accused………………………present
14 days Right of appeal