[2019] KEHC 9832 (KLR)
The court found that the prosecution's evidence, particularly the identification of the accused persons by eyewitnesses and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case against both accused persons. The evidence placed the accused at the scene and linked them to...
Source-derived case information.
- Citation
- [2019] KEHC 9832 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kimeu Mwongela; Defendant: Benard Kyalo Kimeu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2017
- Procedural Posture
- Criminal Trial / Ruling on Case to Answer
- Outcome
- accused persons found to have a case to answer and put on their defence
- Judges
- CM Kariuki
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kimeu Mwongela
Defendant
Benard Kyalo Kimeu
Defendant
Procedural Posture
Criminal Trial / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant putting them on their defence.
- 2 Whether the evidence adduced links the accused persons to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the identification of the accused persons by eyewitnesses and the medical evidence confirming the cause of death, was sufficient to establish a prima facie case against both accused persons. The evidence placed the accused at the scene and linked them to the events leading to the death of the deceased. Consequently, the court ruled that both accused persons have a case to answer and should be put on their defence.
Court Disposition
accused persons found to have a case to answer and put on their defence
Orders
- Both accused persons are found to have a case to answer and are hereby put on their defence.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 51 OF 2017
REPUBLIC..................................................................PROSECUTION
VERSUS
JOSEPH KIMEU MWONGELA.................................1ST ACCUSED
BENARD KYALO KIMEU.........................................2ND ACCUSED
RULING
1. The accused persons were charged with offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code (Cap. 63), Laws of Kenya.
2. Particulars are that on the night of 26th and 27th December 2010 at Kisyani Village, Ndiani Sub-location, Kithembe Location in Kilungu District within Makueni County, jointly with others not before court, murdered ALBERT MUINDI KING’OO.
3. They pleaded not guilty and matter went into trial.
4. The prosecution called 4 witnesses and in addition PW5 the Investigating Officer and Doctor PW6 who produced postmortem report.
5. In summary the evidence is to the effect that PW1 testified how 26/12/2010 at 10. 00 p.m., people came to their home looking for the deceased claiming that he had stolen from a certain shop.
6. He recognized via evidence Accused No. 2. The people found deceased in the home of Shadrack Wambua and they went away with him to the market centre which was nearby. Later he could hear screams. He slept and the next day he learnt that deceased was killed and burnt. He saw the burnt body of the deceased.
7. PW2 Shadrack Wambua testified that on the said 26/12/2010 a group of people came to his home at 10. 00 p.m. and as he moved out of the house they told him they were looking for the thief whom they named as the deceased. He recognized Kyalo Kimeu, 2nd accused. They took away King’oo the deceased as the thief they were pursuing next day he learned that King’oo was killed and burnt.
8. PW3 was stood down as she didn’t know why she was in court.
9. PW4 mother of the deceased said that on 26/12/2010 at 10. 00 p.m. she parted ways with her son King’oo and on 27/12/2010 at 7. 30 a.m., she learnt that he was killed and burnt. She went to the scene and saw the burnt body of her son.
10. The police came and collected the body. She later identified body for the purposes of the post mortem exercise. Later PW4 testified after being recalled. She said when many people came to her home the noise woke her. She identified Joseph Kimeu and Kyalo Kimeu i.e. 1st and 2nd accused person. They were among the people who went away with her son, the deceased.
11. PW5 was the investigating officer in the matter attached to Kilome police station. on 27/12/2010 he was instructed by the OCS to go Kisiani market to visit alleged scene of murder by members of public. Post mortem was conducted and statements of witnesses were recorded and later accused persons were arrested and charged.
12. He proceeded to the scene in company of PC Ndubi and PC Nderitu. They found very many people gathered at the scene. The body was still at the scene. The body was burnt beyond recognition. They took it to Kilome funeral home.
13. PW6 was Dr. Laiposha who produced post mortem on behalf of Dr. Peter Ndegwa. He noted the body had cut wound injuries and also burnt. The cause of death was due to head injuries and the burns.
14. An evaluation of the evidence on prima facie basis, the court finds that accused 1 & 2 have a case to answer and therefore put on their defense.
SIGNED, DATED AND DELIVERED THIS 26TH DAY OF FEBRUARY, 2019 IN OPEN COURT.
.................................
HON. C. KARIUKI
JUDGE