[2020] KEHC 5398 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony placing the accused at the scene assaulting the deceased and the postmortem report confirming death by multiple injuries, was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in...
Source-derived case information.
- Citation
- [2020] KEHC 5398 (KLR)
- Parties
- Applicant: Republic; Defendant: Humprey Madede Kamayi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and placed on his defence.
- Judges
- CM Njagi
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Humprey Madede Kamayi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence adduced, if unchallenged, could lead to a conviction for murder.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony placing the accused at the scene assaulting the deceased and the postmortem report confirming death by multiple injuries, was sufficient to establish a prima facie case of murder against the accused. Applying the standard set out in Ramanlal Trambaklal Bhatt v Republic, the court held that a reasonable tribunal could convict on the evidence presented if unchallenged. Therefore, the accused was found to have a case to answer and was placed on his defence.
Court Disposition
Accused found to have a case to answer and placed on his defence.
Orders
- The accused is found to have a case to answer and is placed on his defence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CRIMINAL CASE NO. 31 OF 2015
REPUBLIC...................................................................................PROSECUTOR
VERSUS
HUMPREY MADEDE KAMAYI.......................................................ACCUSED
RULING
1. The accused is charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 1st May, 2015 at Shiswa Sub-location, Muranda Location in Kakamega East District within Kakamega County he murdered Lawrence Ashiomo Kamayi (herein referred to as the deceased).
2. The case for the prosecution was that the accused and the deceased were living in the same house. That Enlieta Litangi PW3 was their step-mother. Her house was a short distance away from the house of the deceased. That on the night of 1st and 2nd May, 2015 at about 8 p.m. PW3 was at her house when she heard the deceased screaming. She came out of her house and found the accused beating the deceased with a jembe stick outside the deceased’s house. That on seeing her the accused threatened to beat her. She went back to her house. On the following morning the deceased was found dead outside his house. Policemen were called. They collected the body and took it to Kakamega County Hospital mortuary. A postmortem was conducted on the body by Dr. Muchana PW4 who found it with multiple injuries on the limbs, burns and a linear fracture on the midline of the head with bleeding into the left brain covering. He formed the opinion that the cause of death was due to multiple injuries following assault. The accused was thereafter arrested and charged with the offence. During the hearing Dr. Muchana produced the post mortem report as exhibit, P.Ex 1.
3. The court is required at this stage to determine whether there is a prima facie case established against the accused. In the case of Ramanlal Trambaklal Bhatt –Vs- Republic (1957) EA 332it was held that a prima facie case is:-
“one on which a reasonable tribunal properly directing its mind to the law and the evidence could convict if no explanation is offered by the defence.”
4. I have considered the evidence adduced before the court. I am satisfied that a prima facie case has been made out against the accused. The accused thereby has a case to answer and is accordingly placed to his defence.
Delivered, dated and signed in open court at Kakamega this 14th day of May, 2020.
J. N. NJAGI
JUDGE
In the presence of:
No appearance for Accused
Mutua for State/Prosecutor
Accused – present through video link to Kakamega GK Prison
Court Assistant - Polycap
14 days right of appeal.