[2014] KEHC 392 (KLR)
The court determined that, in the interest of substantial justice as mandated by Article 159 of the Constitution and section 150 of the Criminal Procedure Code, it is necessary to order the formal production of the postmortem report, even though it was previously only marked and not produced as an exhibit. This...
Source-derived case information.
- Citation
- [2014] KEHC 392 (KLR)
- Parties
- Applicant: Republic; Defendant: Joash Omal Juma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Murder Case 2 of 2007
- Procedural Posture
- Murder Case / Ruling on Admissibility of Postmortem Report Prior to Judgment
- Outcome
- Application for production of postmortem report granted suo moto by the court.
- Judges
- HK Chemitei
- Legal Topics
- Admissibility of Evidence, Postmortem Report, Substantial Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joash Omal Juma
Defendant
Procedural Posture
Murder Case / Ruling on Admissibility of Postmortem Report Prior to Judgment
Legal Issues
- 1 Whether the postmortem report, which was marked but not produced as an exhibit, should be formally produced to ensure substantial justice.
- 2 Whether the court can suo moto order the production of evidence under Article 159 of the Constitution and section 150 of the Criminal Procedure Code.
Ratio Decidendi
The court determined that, in the interest of substantial justice as mandated by Article 159 of the Constitution and section 150 of the Criminal Procedure Code, it is necessary to order the formal production of the postmortem report, even though it was previously only marked and not produced as an exhibit. This ensures that both the accused and the deceased receive a fair trial and that all relevant evidence is properly before the court. The court relied on precedent from the Court of Appeal for East Africa in Murimi v Republic, which supports the court's power to order production of evidence suo moto. The parties are granted the right to cross-examine the maker of the report if they...
Court Disposition
Application for production of postmortem report granted suo moto by the court.
Orders
- The postmortem report shall be produced as an exhibit.
- Parties may cross-examine the maker of the postmortem report if they wish.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MURDER CASE NO. 2 OF 2007
REPUBLIC....................................................................................PROSECUTOR
VERSUS
JOASH OMAL JUMA...........................................................................ACCUSED
R U L I N G
The court has perused both the prosecution as well as the defence case. Apparently the postmortem report was simply marked and not produced as an exhibit. Though it was the duty of the prosecution to ensure the production of the same, this court cannot ignore that for substantial justice to be attained both for the accused and the deceased, the postmortem report ought to be produced as a matter of necessity.
Under the cover of substantial justice enshrined in Article 159 of our Constitution as well as section 150 of the Criminal Procedure Code Chapter 75 of the Laws of Kenya, this court shall suo moto order the production of the postmortem report. This position was equally adopted by the Court of Appeal for East Africa in Murimi -VS- Republic [1967] E.A at page 42.
The parties shall have the liberty of cross examining the maker if need be.
Subsequently, the court shall proceed to deliver its judgment.
Orders accordingly.
Dated, signed and delivered at Kisumu this 29th day of September, 2014.
H.K. CHEMITEI
JUDGE