[2020] KEHC 9116 (KLR)
The court found that the evidence against the 1st accused was insufficient to establish a prima facie case, as the items allegedly linking him to the crime were not properly identified and the vehicle purportedly used was not part of the evidence. Consequently, the 1st accused was acquitted under section 306(1) of...
Source-derived case information.
- Citation
- [2020] KEHC 9116 (KLR)
- Parties
- Applicant: Republic; Defendant: Gerald Mutuku Nyagita; Defendant: Jackline Mwende Mutua alias Jackline Mwende Kithome
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2017
- Procedural Posture
- Criminal Trial / Ruling on No Case to Answer / Close of Prosecution Case
- Outcome
- 1st accused acquitted; 2nd accused placed on defence.
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Defence Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Gerald Mutuku Nyagita
Defendant
Jackline Mwende Mutua alias Jackline Mwende Kithome
Defendant
Procedural Posture
Criminal Trial / Ruling on No Case to Answer / Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether the evidence adduced links the 1st accused to the murder of the deceased.
- 3 Whether the 2nd accused should be placed on her defence for the offence of murder.
Ratio Decidendi
The court found that the evidence against the 1st accused was insufficient to establish a prima facie case, as the items allegedly linking him to the crime were not properly identified and the vehicle purportedly used was not part of the evidence. Consequently, the 1st accused was acquitted under section 306(1) of the Criminal Procedure Code. In contrast, the prosecution established a prima facie case against the 2nd accused, primarily due to her relationship with the deceased and the circumstances surrounding the death, warranting her being placed on her defence under section 306(2).
Court Disposition
1st accused acquitted; 2nd accused placed on defence.
Orders
- The 1st accused, Gerald Mutuku Nyagita, is acquitted under section 306(1) of the Criminal Procedure Code and shall be set free unless otherwise held under a separate warrant.
- The 2nd accused, Jackline Mwende Mutua alias Jackline Mwende Kithome, is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 56 OF 2017
Formerly Machakos HCCR No. 44 of 2015
REPUBLIC.....................................................................PROSECUTION
-VERSUS-
GERALD MUTUKU NYAGITA.......................................1STACCUSED
JACKLINE MWENDE MUTUA alias
JACKLINE MWENDE KITHOME................................2NDACCUSED
RULING
1. Gerald Mutuku NyagitaandJackline Mwende Kithome referred to as 1st and 2nd accused persons are jointly charged with the murder of Darius Kithome Munyaliti contrary to section 203 as read with section 204 of the Penal Code.
2. The prosecution case is premised on the evidence of fourteen (14) witnesses. Both parties filed written submissions through their learned counsel.
3. From the evidence, it is clear the deceased did not die from a natural cause. The witnesses have explained what they each did, heard and witnessed on the night of 8th and 9th day of May, 2015.
4. The 2nd accused was an estranged wife of the deceased, and the latter was living with the children of the marriage. The 1st accused was said to be in a romantic relationship with the 2nd accused.
5. There are burnt items belonging to the deceased which are said to have been found in a house said to belong to the 1st accused. They were produced by PW12. They were recovered in 1st accused’s absence and no one identified them as belonging to the deceased. The hired car that was said to have been used by the 1st accused to run over the deceased was released to the owners. It does not form part of the evidence before this court. Basically, I find the evidence trying to connect the 1st accused to the murder of the deceased to be very weak. For my part, I find him not guilty and acquit him under section 306(1)
6. On the other hand, I am satisfied that the prosecution has made out a prima facie case against the 2nd accused. I hereby place her on her defence under section 306(2) Criminal procedure Code.
7. 1st accused shall be set free unless otherwise held under a separate warrant.
Orders accordingly.
Delivered, signed & dated this 28th day of January 2020, in open court at Makueni.
.......................
H. I. Ong’udi
Judge