[2023] KEHC 43 (KLR)
The court found that the prosecution's evidence, particularly the dying declaration identifying the assailant as 'Chalo', is sufficient to establish a prima facie case against the accused. Although two prosecution witnesses were not called due to non-attendance, the evidence on record, if believed, could support a...
Source-derived case information.
- Citation
- [2023] KEHC 43 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Wamuyu Guama
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2020
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Case to Answer, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Wamuyu Guama
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the dying declaration identifying the assailant as 'Chalo', is sufficient to establish a prima facie case against the accused. Although two prosecution witnesses were not called due to non-attendance, the evidence on record, if believed, could support a conviction. The court therefore ruled that the accused has a case to answer and must be put on his defence. The court reserved detailed analysis of the parties' submissions for the final judgment.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is hereby put on his defence.
- The prosecution may seek to reopen its case if the remaining witnesses become available before the defence hearing.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Guama (Criminal Case 13 of 2020) [2023] KEHC 43 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEHC 43 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 13 of 2020
CM Kariuki, J
January 18, 2023
Between
Republic
Prosecutor
and
Charles Wamuyu Guama
Accused
Ruling
1. The accused was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. The particular of the offence being that on August 25, 2020 at Juakali Estate in Olkalou in Nyandarua Central Subcounty within Nyandarua County murdered Samwel Njoroge Wamai.
3. He pleaded not guilty and the matter went into full trial and the prosecution called witnesses but had a balance of two (2) who are yet to be called. The court had given options of plea bargain which was sought by the accused side but family of victim rejected.
4. The prosecution was forced to close case as to witnesses were not attending court.
5. However, court found that if present before defence hearing, they can seek to reopen the case.
6. Thus, the court goes ahead to rule on whether accused has a case to answer.
7. The PW 1 witnessing via death declaration from the victim narrated that the assailant was said to be 'Chalo'.
8. The accused may have to explain whether same refers to him and what he knows of the victim’s death.
9. Thus, court finds he has a case to answer and is hereby put on his defence.
10. The court has perused both parties submissions but will analyze same after doing the judgment.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 18TH DAY OF JANUARY,2023. CHARLES KARIUKIJUDGE