[2017] KEHC 5156 (KLR)
The court found that there was no evidence whatsoever connecting the 5th accused to the offence charged, as the only information implicating him was not presented in court and the relevant witness (OCS) did not testify. Accordingly, the 5th accused was acquitted under Section 306(1) of the Criminal Procedure Code....
Source-derived case information.
- Citation
- [2017] KEHC 5156 (KLR)
- Parties
- Applicant: Republic; Defendant: Isaac Mbugua Harrisson; Defendant: Grace Wanjiku Mbugua; Defendant: James Kamau; Defendant: Harrison Ngigi Mbugua; Defendant: Joseph Muchatha alias Jesse
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- 5th accused acquitted; 1st to 4th accused placed on defence.
- Judges
- CW Meoli
- Legal Topics
- Murder, Case to Answer, Acquittal, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Isaac Mbugua Harrisson
Defendant
Grace Wanjiku Mbugua
Defendant
James Kamau
Defendant
Harrison Ngigi Mbugua
Defendant
Joseph Muchatha alias Jesse
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against each accused to require them to be put on their defence.
- 2 Whether there is any evidence connecting the 5th accused to the offence charged.
Ratio Decidendi
The court found that there was no evidence whatsoever connecting the 5th accused to the offence charged, as the only information implicating him was not presented in court and the relevant witness (OCS) did not testify. Accordingly, the 5th accused was acquitted under Section 306(1) of the Criminal Procedure Code. However, the court was satisfied that the prosecution had established a prima facie case against the 1st to 4th accused, based on the circumstantial evidence and their proximity to the scene, and therefore placed them on their defence.
Court Disposition
5th accused acquitted; 1st to 4th accused placed on defence.
Orders
- The 5th accused, Joseph Muchatha alias Jesse, is acquitted under Section 306(1) of the Criminal Procedure Code.
- The 1st to 4th accused are found to have a case to answer and are placed on their defence.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CRIMINAL CASE NO. (MURDER) 49 OF 2015
(Formerly Nakuru HCCRC No. 11 of 2014)
REPUBLIC …………………………………..……………………………..PROSECUTOR
-VERSUS-
ISAAC MBUGUA HARRISSON…….………..…….…………..………….1ST ACCUSED
GRACE WANJIKU MBUGUA…….……………….………..…….………..2ND ACCUSED
JAMES KAMAU …….…………………...….…….….……………………..3RD ACCUSED
HARRISON NGIGI MBUGUA…….……..………..…………..……………4TH ACCUSED
JOSEPH MUCHATHA alias JESSE …….……...………………………….5TH ACCUSED
R U L I N G
1. The five Accused persons were charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code. In that between 13th and 15th January, 2014 at Kayole Estate in Naivasha Sub-county within Nakuru County, they jointly with others not before court murdered Samuel Imbuga Mahiva.
2. Six witnesses testified on behalf of the prosecution. From the prosecution evidence, the 1st, 2nd, 3rd, and 4th Accused are members of the same family. They were arrested in connection with the discovery of the deceased’s decomposing body at a scene within the vicinity of their family home. The 5th Accused was not related by blood to the rest of the Accused persons or shown to have been complicit in the offence.
3. According to Corporal Kogo (PW6) who investigated this case, the 5th Accused was arrested pursuant to information received by the OCS and other persons. That information was not placed before this court as the said OCS did not testify in the trial.
4. At the close of the prosecution case therefore, there is not a scintilla of evidence to connect the 5th Accused with the offence charged. I will therefore find that he has no case to answer and acquit him under Section 306 (1) of the Criminal Procedure Code.
5. However, with regard to the 1st to the 4th Accused persons, I am satisfied that they have a case to answer and will place them on their defence.
Delivered and signed in Naivasha this 31stday of May, 2017.
In the presence of:-
Mr. Mutinda for the DPP
Mr. Mburu for the 5th Accused and holding brief for Mr. Kimani for the 1st to 4th Accused
1st to 5th Accused – All present
C/C - Barasa
C. MEOLI
JUDGE