[2014] KEHC 1880 (KLR)
The court found that the prosecution failed to adduce evidence proving the cause of death of the deceased or linking the accused to the alleged assault. PW1 was not told who injured the deceased, and PW2 did not investigate the complaint. No evidence was presented to establish how the deceased was assaulted or that...
Source-derived case information.
- Citation
- [2014] KEHC 1880 (KLR)
- Parties
- Applicant: Republic; Defendant: James Muinde Musyoki
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2008
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution's Case
- Outcome
- acquittal
- Judges
- LN Mutende
- Legal Topics
- Murder, Burden of Proof, Malice Aforethought, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Muinde Musyoki
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the accused caused the death of the deceased with malice aforethought.
- 2 Whether there was sufficient evidence linking the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to adduce evidence proving the cause of death of the deceased or linking the accused to the alleged assault. PW1 was not told who injured the deceased, and PW2 did not investigate the complaint. No evidence was presented to establish how the deceased was assaulted or that the accused caused her death. In the absence of such evidence, the prosecution did not discharge its burden of proof beyond reasonable doubt. Consequently, the accused could not be called upon to make a defense and was entitled to an acquittal under Section 306(1) of the Penal Code.
Court Disposition
acquittal
Orders
- The accused, James Muinde Musyoki, is acquitted under Section 306(1) of the Penal Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 29 OF 2008
REPUBLIC ……………………………………………………...PROSECUTOR
VERSUS
JAMES MUINDE MUSYOKI………………………………………ACCUSED
RULING
James Muinde Musyoki, hereinafter “the accused” is charged with the offence of murder contrary to Section203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the 1st day of May 2008 at Kivani Village of Kisau Location in Makueni District within Eastern Province murdered Mumbua Mbilo.
He pleaded not guilty to the charge. At close of the prosecution’s case the State had called only two (2) witnesses. PW1, Muli Ngangi stated that he was requested by Muema Nzioka, his uncle to take his employee Mumbua Mbilo to hospital for treatment. Muema resided in Nairobi,away from home. He found Mumbua at home. He took her to the Health Centre as she was experiencing pain. She told him that she had been assaulted but did not divulge the name of her assailant. At the hospital he was advised to obtain a P3 form. He complied. He took her back home. Later he heard she had passed on.
PW2, No. 57653 P.C. Pius Ndeti Mutisya stated that he received a report from Mumbua that she had been attacked by the accused who intended to rape her on the 4th May, 2008. He booked the report and referred her to hospital. He caused the accused to be arrested. Thereafter he learnt of the demise of the deceased.
On cross-examination he stated that the deceased did not state what transpired prior to being attacked.
The prosecution had a duty of proving beyond any reasonable doubt that the accused herein caused the death of the deceased with malice aforethought. At the close of the prosecution’s case no evidence had been adduced to prove the cause of the death of the deceased.
PW1 who took her to hospital was not told who indeed injured the deceased. After PW2 received a complaint he did not carry out any investigations to establish if indeed the accused had assaulted the complainant.
In the premises there is no evidence as to how the deceased was assaulted if indeed she was assaulted.
No evidence was adduced of the cause of death of the deceased. Consequently, there is no proof that the accused caused the death of the deceased.
In the result, I find the accused not guilty. Accordingly, he is acquitted under Section 306(1) of the Penal Code.
DATED, SIGNED and DELIVEREDat MACHAKOS this 24THday of OCTOBER, 2014.
L.N. MUTENDE
JUDGE