[2008] KEHC 637 (KLR)
The court found that the prosecution had established a prima facie case against the accused persons. This conclusion was based on the cumulative evidence: the eyewitness account of the deceased's wife, the deceased's own dying declaration to his father and the area chief, and the medical evidence confirming the...
Source-derived case information.
- Citation
- [2008] KEHC 637 (KLR)
- Parties
- Applicant: Republic; Defendant: Godfrey Mahasi Ngaira; Defendant: Stella Muhonja Ngaira
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2002
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- accused persons found to have a case to answer; ordered to be put on their defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Liability, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Godfrey Mahasi Ngaira
Defendant
Stella Muhonja Ngaira
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the evidence links the accused persons to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused persons. This conclusion was based on the cumulative evidence: the eyewitness account of the deceased's wife, the deceased's own dying declaration to his father and the area chief, and the medical evidence confirming the cause of death as severe blood loss from wounds inflicted by sharp objects. The accused persons' own admissions, albeit claiming the injuries were inflicted during a fight, further linked them to the incident. The court held that, taken together, this evidence was sufficient to require the accused persons to be put on their defence, as a reasonable tribunal could convict on the...
Court Disposition
accused persons found to have a case to answer; ordered to be put on their defence
Orders
- The accused persons are found to have a case to answer and are ordered to be put on their defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA
Criminal Case 7 of 2002
REPUBLIC........................................................PROSECUTOR
V E R S U S
GODFREY MAHASI NGAIRA]........................................................1ST ACCUSED
STELLA MUHONJA NGAIRA]........................................................3RD ACCUSED
R U L I N G
The case started off with three accused persons, namely GODFREY MAHASI, RODGERS AMATA andSTELLA MUHONJANGAIRA. However, RODGERS AMATA passed away, leaving only 2accused persons.
By the time the prosecution closed its case, a total of 7 witnesses had testified.
PW7, Dr. Joseph Egala Jumba, testified that he carried out the post mortem examination on the body of the deceased, JONATHAN ELLY NGAIRA. Before the doctor commenced the post mortem, the body was identified to him by PW3, Ismael Ayodi Mweresa.
After conducting the post mortem examination, the doctor formed the opinion that the death of the deceased was caused by the severe loss of blood. The body had a large wound on the left shoulder region, and another wound under the left armpit. Some blood vessels had been severed.
Although only one of the prosecution witnesses had witnessed the attack on the deceased, the accused persons were linked to the incident by the deceased himself, as the deceased talked to his father (PW1) before succumbing to his injuries.
The one person who says that she witnessed the incident is EVERLYN MIDEVA. She was the wife to the deceased. And she said that she saw the accused persons entering their house, and then descending on the deceased, using pangas.
The Investigating Officer, CHIEF INSPECTOR BILL ONYANGO, as well as PC MOURICE WEKESA both testified that the accused persons admitted having participated in inflicting injuries on the deceased, although the accused persons said that that was in the course of a fight.
PW4, HERMAN KIBUNJA, was the chief of Wamuluma. He visited the scene immediately after PW1 reported to him about the incident. He too heard the deceased say that the injuries on him were occasioned by the accused persons.
As the death of the deceased was attributable to the loss of blood resulting from the injuries inflicted on him, apparently by the two accused together with Rodgers Amata, I find that the prosecution has established a prima facie case against the accused persons. The said accused persons therefore have a case to answer.
Dated, Signed and Delivered at Kakamega this 3rd .day of December 2008
FRED A. OCHIENG
J U D G E