[2015] KEHC 3755 (KLR)
The court found that the evidence of PW2 placed the accused at the scene of the murder, as PW2 was in the company of the deceased when the accused allegedly stabbed him. PW4's evidence confirmed that the deceased died as a result of a stab wound. The court concluded that the prosecution had established a prima facie...
Source-derived case information.
- Citation
- [2015] KEHC 3755 (KLR)
- Parties
- Applicant: Republic; Defendant: Godfrey Muyale
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- Judges
- AC Mrima
- Legal Topics
- Murder, Prima Facie 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
Godfrey Muyale
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
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 on record sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the evidence of PW2 placed the accused at the scene of the murder, as PW2 was in the company of the deceased when the accused allegedly stabbed him. PW4's evidence confirmed that the deceased died as a result of a stab wound. The court concluded that the prosecution had established a prima facie case against the accused, warranting that he be put on his defence to further interrogate the prosecution's evidence.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused is hereby put on his defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIF OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 32 OF 2011
REPUBLIC..........................................PROSECUTOR
VERSUS
GODFREY MUYALE...................................ACCUSED
RULING
1. On 21/06/2011, the Accused person, GODFREY MUYALE, was charged with the offence of murder of one JAPHETH LIJOODI. He pleaded not guilty and the trial subsequently followed.
2. The prosecution availed a total of 5 witnesses and at the close of the prosecution’s case, the defence Counsel urged the Court to find that the prosecution had not established any prima-facie case as against the Accused person and to accordingly acquit him. The prosecution was categoric that indeed there was ample evidence to place the Accused person on his defence.
3. I havce carefully considered the evidence on record. The evidence of PW2 places the Accused person at the scene of murder given that PW2 was in the company of the deceased when he was allegedly stabbed by the Accused person. PW4’s evidence confirms that the deceased died as a result of a stab wound. This is therefore a case which calls for the Accused person to be given an opportunity to further interrogate the prosecution’s evidence. I have considered the submissions of Counsels and have come to the conclusion that the prosecution has established a prima facie case against the Accused person and he is hereby put on his defence.
Orders accordingly.
DELIVERED, DATED and SIGNED this 16th day of July, 2015
A.C. MRIMA
JUDGE