[2012] KEHC 903 (KLR)
The court found that the prosecution's evidence was insufficient to establish a prima facie case against the accused. The chief's testimony was hearsay and did not directly link the accused to the death of the deceased. The prosecution failed to call material witnesses despite being given ample opportunity, and the...
Source-derived case information.
- Citation
- [2012] KEHC 903 (KLR)
- Parties
- Respondent: Republic; Defendant: James Njuguna Wanjiru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 93 of 2010
- Procedural Posture
- Criminal Case / Ruling at Close of Prosecution Case
- Outcome
- acquittal
- Judges
- SP Ouko
- Legal Topics
- Murder Trial, Prima Facie Case, Hearsay Evidence, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
James Njuguna Wanjiru
Defendant
Procedural Posture
Criminal Case / Ruling at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to warrant him being called to enter his defence.
- 2 Whether the evidence adduced linked the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence was insufficient to establish a prima facie case against the accused. The chief's testimony was hearsay and did not directly link the accused to the death of the deceased. The prosecution failed to call material witnesses despite being given ample opportunity, and the evidence presented fell below the legal standard required to put the accused on his defence. Consequently, the accused was entitled to an acquittal at this stage.
Court Disposition
acquittal
Orders
- The accused, James Njuguna Wanjiru, is acquitted of the charge of murder.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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REPUBLIC…………………………………….…………………PROSECUTOR
VERSUS
JAMES NJUGUNA WANJIRU………………………………………..ACCUSED
RULING
At the close of the prosecution case, consisting only of the evidence of the Chief Barut Location, the brother of the deceased who identified the body of the deceased for the purpose of post mortem examination and the arresting officer, the question to be answered is whether that evidence constitutes a prima facie evidence to warrant the accused to be called to enter his defence.
The accused having been charged that on 19th September, 2010, he murdered the deceased, it was the duty of the prosecution to establish at this stage that there is prima facie evidence linking the accused with the death of the deceased.
The evidence of the chief can at best be described only as hearsay. He received a call that the body of the deceased had been seen at the scene. Later, he heard that there was a suspect who was being beaten by the mob. He went and rescued the accused person. He also called the police and the accused arrested by P.W.3. That evidence is far below the standard set by the cases of Republic V. Kipkering Arap Koske & Another (1949) 1 EACA 135 and Simeon Musoke V. Republic (1958) EA 715.
No conviction can result should the accused elect not to call evidence in rebuttal. It must be noted that the State has been granted amply opportunity to call evidence but failed, even after the court had summoned the O.C.S., who assured the court that witnesses would be availed. Since September, 2010 when the accused person’s plea was taken, only three witnesses have testified. Although the accused person’s health contributed to this delay, he is nonetheless entitled to a speedy trial.
For these reasons, the accused is acquitted.
Dated, Signed and Delivered at Nakuru this 29th day of October, 2012.
W. OUKO
JUDGE