[2016] KEHC 5957 (KLR)
The court found that the prosecution, through the testimony of eleven witnesses and circumstantial evidence, had established a prima facie case implicating the accused in the murder of the deceased. The evidence included eyewitness accounts of the accused leaving the scene of the burning house, the rescue of a baby...
Source-derived case information.
- Citation
- [2016] KEHC 5957 (KLR)
- Parties
- Applicant: Republic; Defendant: Grace Wanjiku Makumi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 35 of 2014
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and ordered to be put on her defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Grace Wanjiku Makumi
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 to warrant her being placed on her defence.
- 2 Whether the evidence implicates the accused in the murder of the deceased.
Ratio Decidendi
The court found that the prosecution, through the testimony of eleven witnesses and circumstantial evidence, had established a prima facie case implicating the accused in the murder of the deceased. The evidence included eyewitness accounts of the accused leaving the scene of the burning house, the rescue of a baby covered in paraffin-smelling blankets, and the discovery of the deceased's body with hands and legs tied. The court held that this evidence, if unchallenged, would be sufficient to put the accused on her defence. Accordingly, the accused was informed of her rights under section 306(2) of the Criminal Procedure Code and ordered to state whether she would give evidence under oath...
Court Disposition
Accused found to have a case to answer and ordered to be put on her defence.
Orders
- The accused is found to have a case to answer and is put on her defence.
- The accused is informed of her rights under section 306(2) of the Criminal Procedure Code to give evidence under oath or otherwise and to call witnesses in her defence.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINA CASE NO. 35 OF 2014
REPUBLIC……………………………………………PROSECUTOR
VERSUS
GRACE WANJIKU MAKUMI……………………..………ACCUSED
RULING
Grace Wanjiku Makumi (herein the accused) is charged with murder contrary to section 203 as read with section 204 of the Penal Code in that on 15th day of March 2014 at about 11. 00am at Mihang’o Estate within Embakasi East, Nairobi County jointly with another not before the court murdered Elizabeth Atieno Maina (herein the deceased). The accused pleaded not guilty to this charge. He is represented by Mr. Ochako, advocate.
The prosecution tendered evidence to show that the accused is implicated in the death of the deceased that occurred on 15th March 2014. The deceased was the house help of Samuel Makumi (PW7) and Phylis Wairimu Makumi (PW1). Samuel Makumi has two wives and homes, the accused and Phylis Wairimu. Phylis lived in Mihang’o while the accused lived in Saika. On the date in question Hussein Juma (PW2) and Swaleh Suleiman (PW3) were walking near Samuel’s home at Mihang’o around 11. 00am when they noticed smoke on the house. They also spotted a woman identified as the accused and a young girl going away from the said burning house. The accused and the girl boarded a motorcycle commonly referred to as “bodaboda”. According to Hussein and Swaleh, the two women looked nervous and urged the motorcycle rider to start the motorcycle quickly and leave. Attempts by Swaleh and Hussein to stop the rider were unsuccessful. Both witnesses ran towards the burning house where other neighbours had started gathering. They could hear a baby crying inside the house. They entered the house and found baby J.W. She was covered in baby blankets which smelt of paraffin. They rescued the baby. A search in the burning house yielded the house help (deceased) who had died at the time. Her body, with legs and hands tied together, was removed from the house and placed outside at the compound.
The accused, who is the co-wife to Phylis, was traced later that day and arrested. She was later charged with this offence.
After calling eleven (11) witnesses, the prosecution closed its case. I have examined the evidence at this stage of the trial when this court is required to determine whether the prosecution has made out a prima facie case against the accused to warrant her being placed on her defence. My careful consideration leads me to the conclusion that the accused is implicated in evidence and I will and do hereby hold that she has a case to answer. I hereby inform her of her rights under section 306 (2) of the Criminal Procedure Code to inform the court whether she will give evidence in her defence under oath or without taking the oath. She is informed of her right to call witnesses in her defence and to inform this court the number of witnesses she wishes to call. I make orders accordingly.
Dated, signed and delivered this 31st day of March 2016.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Onunga for the prosecution
Mr. Ochako for the accused
Ms Grace Wanjiku Makumi, the accused
Mr. Daniel Ngumbi, court clerk