[2019] KEHC 122 (KLR)
The court found that the prosecution failed to adduce any evidence implicating the 1st accused, Harrison Kimani, in the commission or participation in the offence. Eyewitnesses present at the scene did not see him participate in the assault that led to the deceased's death. In contrast, the evidence of PW2, PW6, and...
Source-derived case information.
- Citation
- [2019] KEHC 122 (KLR)
- Parties
- Applicant: Republic; Defendant: Harrison Kimani; Defendant: Michael Nakuti; Defendant: Shadrack Mitsela; Defendant: Brydon Vwamu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Murder Case 39 of 2015
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
- Outcome
- 1st accused acquitted; 2nd, 3rd, and 4th accused placed on their defence.
- Judges
- JK Mulwa
- Legal Topics
- Murder Trial, Prima Facie Case, No Case to Answer, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Harrison Kimani
Defendant
Michael Nakuti
Defendant
Shadrack Mitsela
Defendant
Brydon Vwamu
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether there is sufficient evidence to require the accused persons to be placed on their defence for the offence of murder.
- 2 Whether the 1st accused should be acquitted under Section 306(1) of the Criminal Procedure Code for lack of evidence.
Ratio Decidendi
The court found that the prosecution failed to adduce any evidence implicating the 1st accused, Harrison Kimani, in the commission or participation in the offence. Eyewitnesses present at the scene did not see him participate in the assault that led to the deceased's death. In contrast, the evidence of PW2, PW6, and PW8 pointed to the 2nd, 3rd, and 4th accused as the persons who beat the deceased. Consequently, the court held that a prima facie case had been established against the 2nd, 3rd, and 4th accused, requiring them to be placed on their defence under Section 306(2) of the Criminal Procedure Code. The 1st accused was acquitted under Section 306(1) for lack of evidence.
Court Disposition
1st accused acquitted; 2nd, 3rd, and 4th accused placed on their defence.
Orders
- The 1st accused, Harrison Kimani, is found not guilty and set at liberty unless otherwise lawfully held.
- The 2nd, 3rd, and 4th accused are placed on their defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
ATNAKURU
CRIMINAL CASE (MURDER) NO. 39 OF 2015
REPUBLIC.................................................................................PROSECUTOR
-VERSUS-
HARRISON KIMANI................................................................1ST ACCUSED
MICHAEL NAKUTI.................................................................2ND ACCUSED
SHADRACK MITSELA...........................................................3RD ACCUSED
BRYDON VWAMU...................................................................4TH ACCUSED
RULING
Section 306(1) of the Criminal Procedure Code provides that upon closure of the prosecution case, if the court considers that there is no evidence that the accused or any of them committed the offence, and upon hearing submissions by both the prosecution and the defence, record a finding of not guilty.
However, if the evidence on record is sufficient to link any of the accused to the commission of the offence, the said accused shall be called upon to answer to the charges – Section 306(2).
I have carefully considered the evidence of the nine prosecution witnesses.
PW2, PW6 and PW8 who were at the scene of crime did not see the 1st accused beat or participate in the fight that led to the deceased’s death. The witnesses pointed fingers at the 2nd, 3rd and 4th accused persons as the persons who beat the deceased during the fight.
I therefore find and hold that a prima facie case has been established against the 2nd, 3rd and 4th accused persons. They shall be placed on their defence, in terms of Section 306(2) of Criminal Procedure Code.
Accordingly, there being no sufficient evidence on record to link the 1st accused to the commission or participation in the offence, I enter a verdict of not guilty against him, and set him free unless otherwise lawfully held.
Delivered, signed and dated at Nakuru this 12th Day of November 2019.
.....................
J.N. MULWA
JUDGE