[2021] KEHC 4930 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony, the accused's own admission to a village elder, and the post mortem report, was sufficient to establish a prima facie case of murder against the accused. Applying the legal standards set out in Bhatt v Republic and R v Kipkering arap...
Source-derived case information.
- Citation
- [2021] KEHC 4930 (KLR)
- Parties
- Applicant: Republic; Defendant: Issack Mwangi Wakanyi
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
- Outcome
- Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- K Kimondo
- 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
Issack Mwangi Wakanyi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony, the accused's own admission to a village elder, and the post mortem report, was sufficient to establish a prima facie case of murder against the accused. Applying the legal standards set out in Bhatt v Republic and R v Kipkering arap Koske, the court determined that the evidence, if unchallenged, could support a conviction. Therefore, under section 306(2) of the Criminal Procedure Code, the accused was placed on his defence to answer to the charge of murder.
Court Disposition
Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is placed on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 15 OF 2013
REPUBLIC....................................................................................PROSECUTOR
VERSUS
ISSACK MWANGI WAKANYI...........................................................ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on 5th September 2013 at Kahaini village in Muran’ga County, he murdered FNN.
3. He pleaded notguilty. The prosecution called sevenwitnesses.
4. I have paid heed to the evidence of the key witnesses. For instance, PW1 was the father of the deceased, a child aged about five years. He said that the deceased never returned from school on the material day. Her body was found the next day by PW2 and PW3. PW4, PW5 and PW6 also visited the scene.
5. There is then the evidence of PW7, a village elder. He testified that on 6th September 2013, the accused ran to the chief’s office pleading to be arrested. He was being pursued by a mob. The accused told him that he had “killed someone”. He was arrested.
6. I have also perused the Post Mortem Form (exhibit 1) which was produced by consent under section 77 of the Evidence Act.
7. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the sevenwitnesses, I find that the Republic has established a prima facie case against the accused.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 27TH DAY OF JULY 2021.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of:
The accused.
Mr. Mwaniki Warima for the accused.
Mr. S. Mutinda for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.