[2017] KEHC 4393 (KLR)
The court found that the prosecution had adduced sufficient evidence through its 11 witnesses to establish a prima facie case against the accused. The evidence included testimony regarding the accused's relationship with the deceased, prior disagreements, the circumstances of the deceased's death, and the accused's...
Source-derived case information.
- Citation
- [2017] KEHC 4393 (KLR)
- Parties
- Respondent: Republic; Defendant: Gilbert Kapule Oketch
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 90 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- The accused is found to have a case to answer and is put on his defence.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- 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
Respondent
Gilbert Kapule Oketch
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced links the accused to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through its 11 witnesses to establish a prima facie case against the accused. The evidence included testimony regarding the accused's relationship with the deceased, prior disagreements, the circumstances of the deceased's death, and the accused's subsequent arrest. The medical evidence established the cause of death as manual strangulation, with additional injuries observed. The court concluded that the evidence, if unchallenged, would be sufficient to warrant a conviction, and therefore the accused was required to be put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
The accused is found to have a case to answer and is put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE. NO. 90 OF 2012
REPUBLIC ………………….……………..……..PROSECUTION
VERSUS
GILBERT KAPULE OKETCH ………….....……………ACCUSED
RULING
1. Gilbert Kapue Oketch is charged with the murder of Caroline Mwanza Mutunga. The offence is said to have been committed on 2nd February, 2012 at Umoja Innercore Plot A67 House No. 18 within Nairobi County. He was arraigned in court on 14th November, 2012 when he pleaded not guilty.
2. The Prosecution has called 11 witnesses in support of its case. The evidence given by PW1, PW2, PW3 and PW4 is that the accused and the deceased were in an intimate relationship and cohabited in Umoja Innercore Estate. PW2 and PW4 became aware of disagreements between the accused and deceased and had intervened twice before. The body of the deceased was found in their house on the material date. PW5 found the cause of death to be manual strangulation and also observed that the deceased had extensive burns on the cheek, chest and bruises on the body. PW7 gave evidence that the accused was arrested at the Kenya/Uganda border at Malaba on 31st October, 2012.
3. At the close of the Prosecution case, both the prosecution and the defence filed submissions.
4. I have carefully considered the evidence on record and the submissions by counsel. The evidence discloses a prima facie case against the accused. I find that he has a case to answer and consequently put him on his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly
Ruling delivered, datedand signedat Nairobithis 19th day of June2017
……………………..
R LAGAT-KORIR
HIGH COURT JUDGE
In the presence of:
Yussuf: Court clerk
Gilbert Kapule Oketch: The accused
………………………………….:For the accused
…………………………………..: For the State