[2017] KEHC 198 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused persons. The evidence presented did not connect or implicate the accused in the fatal assault on the deceased. No witness testified as to the involvement of the accused, and no investigating officer was called to explain...
Source-derived case information.
- Citation
- [2017] KEHC 198 (KLR)
- Parties
- Applicant: Republic; Defendant: George Chege Kamau; Defendant: James Githinji Ngaruiya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 113 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Chege Kamau
Defendant
James Githinji Ngaruiya
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 persons to warrant their being put on their defence.
- 2 Whether there was any evidence connecting the accused persons to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused persons. The evidence presented did not connect or implicate the accused in the fatal assault on the deceased. No witness testified as to the involvement of the accused, and no investigating officer was called to explain the basis for their arrest and charge. In the absence of any evidence linking the accused to the offence, the court held that there was no case for them to answer and acquitted both accused persons under Section 306 of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused persons, George Chege Kamau and James Githinji Ngaruiya, are acquitted of the charge of murder.
- Each accused person is to be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 113 OF 2013
REPUBLIC.......................................................................STATE
VERSUS
GEORGE CHEGE KAMAU................................1ST ACCUSED
JAMES GITHINJI NGARUIYA.........................2ND ACCUSED
RULING
The two accused persons namely GEORGE CHEGE KAMAU (hereinafter referred to as the 1st accused) and JAMES GITHINJI NGARUIYA (hereinafter referred to as the 2nd accused) are jointly charged with MURDER CONTRARY TO SECITON 203 as read with SECTION 204 OF THE PENAL CODE.
The particulars of the charges were that
“On the 4th day of December, 2013 at Flyover Market within Nyandarua County jointly with others not before court murdered PETER WAITHUNGURI MUNGE”
Both accused persons pleaded ‘Not Guilty’ to the charge and their trial commenced on 7/12/2016. The prosecution only called two witnesses in support of their case.
PW2 DR. TITUS NGULUNGU was the consultant pathologist who conducted the autopsy on the body of the deceased. The doctor noted a skull fracture as well as other bruises and lacerations on the body. The cause of death was opined to be ‘severe head injury attended by skull fracture and subdural haematoma and brain lacerations due to extensive blunt force trauma to the head in keeping with fatal assault’. PW2 filled and signed the post-mortem report which has been produced in court as an exhibit P. exb 1.
PW1 HELEN WANJIKU was the wife of the deceased. She told the court that on 4/12/2013 at about 4. 00am the deceased left their home to go and sell milk. PW1 later received a call informing her about an incident at Flyover. She tried to raise her husband on his mobile number but he was unavailable.
Thereafter PW1 left to follow the deceased to Flyover and on the way received another call informing her that her husband had been attacked. She rushed to Kijabe Mission Hospital only to find that the deceased had succumbed to his injuries. Later on a mobile phone P. exb 1 and a pair of blood stained shoes were shown to PW1. She identified the items as belonging to her late husband.
That is the sum total of the prosecution case. The court is not told who attacked and killed the deceased or why. PW1 witnessed nothing as she remained at home when the deceased left their home. The court is not told how or why the 2 accuseds were arrested and charged with this offence. No investigating officer was called to testify in the case.
I find there exists no evidence to connect or implicate the two accused persons in the fatal assault upon the deceased. No prima facie case has been established. Accordingly I enter a verdict of ‘Not Guilty’and I acquit the two accused of this charge of murder. Each accused person is to be set at liberty unless otherwise lawfully held.
Dated and delivered in Nakuru this 6th day of September, 2017.
Mr. Ochang holding brief for mongeri
Mr. Chigiti for DPP.
Maureen A. Odero
Judge