[2015] KEHC 5714 (KLR)
The court found that the prosecution had adduced sufficient evidence, including a dying declaration by the deceased and circumstantial evidence, to establish a prima facie case against the accused. The postmortem evidence confirmed the cause of death as severe head injury, and the evidence presented could lead a...
Source-derived case information.
- Citation
- [2015] KEHC 5714 (KLR)
- Parties
- Applicant: Republic; Defendant: Gerald Mua Nthiwa
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2008
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and is called upon to defend himself.
- Judges
- LN Mutende
- Legal Topics
- Murder, Prima Facie Case, Dying Declaration, Circumstantial Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gerald Mua Nthiwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced, including the dying declaration and circumstantial evidence, is sufficient to connect the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence, including a dying declaration by the deceased and circumstantial evidence, to establish a prima facie case against the accused. The postmortem evidence confirmed the cause of death as severe head injury, and the evidence presented could lead a reasonable tribunal to convict if the accused offered no explanation. Therefore, the accused was called upon to defend himself as required by law.
Court Disposition
Accused found to have a case to answer and is called upon to defend himself.
Orders
- The accused is called upon to defend himself as provided by Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 17 OF 2008
REPUBLIC……………………………………………………….PROSECUTOR
VERSUS
GERALD MUA NTHIWA …...…..………………………………….…ACCUSED
RULING
Gerald Mua Nthiwa (the accused) is charged with the offence of MurderContrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are that on the 29th day of February, 2008 at Kikima Market, MutitieSub location in MakueniDistrict within EasternProvince murdered Musuu Mbithe(Deceased).
At the close of the Prosecution’s case the fact of death was proved by evidence of PW6, Dr. John Mutunga who did a postmortem on the body of the deceased and formed an opinion that the cause of his death was cardiopulmonary arrest secondary to severe head injury.
Evidence adduced by PW1 amounts to a dying declaration made by the deceased relating to his death. There is also circumstantial evidence adduced by PW3 tending to connect the accused with the perpetration of offence.
In the celebrated case ofRamanlal Trambaklal Bhatt versus Republic [1957] E.A. 332, a prima facie is established when-
“A reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence”.
Evidence adduced so far is sufficient to have the accused convicted if he offers no defence. Accordingly, he is called upon to defend himself as provided by Section 306(2) of the Criminal Procedure Code.
It is so ordered.
DATED, SIGNED and DELIVERED at MACHAKOSthis 18THday FEBRUARY, 2015.
L.N. MUTENDE
JUDGE