[2015] KEHC 3504 (KLR)
The court found that, although there was no direct evidence linking the accused to the murder, the circumstantial evidence presented by the prosecution was sufficient to establish a prima facie case. The testimony regarding the quarrel over an alleged affair and the subsequent discovery of the deceased's body...
Source-derived case information.
- Citation
- [2015] KEHC 3504 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Mmbaya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence; case to answer found.
- Judges
- AC Mrima
- Legal Topics
- Murder, Circumstantial Evidence, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Mmbaya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the circumstantial evidence presented is sufficient to link the accused to the murder of the deceased.
Ratio Decidendi
The court found that, although there was no direct evidence linking the accused to the murder, the circumstantial evidence presented by the prosecution was sufficient to establish a prima facie case. The testimony regarding the quarrel over an alleged affair and the subsequent discovery of the deceased's body provided an iota of circumstantial evidence implicating the accused. Therefore, the accused was not given the benefit of doubt at this stage and was placed on his defence to answer the charge of murder.
Court Disposition
Accused placed on his defence; case to answer found.
Orders
- The accused is placed on his defence to answer the charge of murder.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OPF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 10 OF 2012
REPUBLIC ……………………………………………………PROSECUTOR
VERSUS
JOSEPH MMBAYA …………………………………………………ACCUSED
RULING
1. When JOSEPH MMBAYA was charged with the murder of CHRISPINUS SHIAMBETSA on 21/03/2012, he denied the charge. The charge was presented as follows:-
“MURDER CONTRARY TO SECTION 203 AS READ WITH SECTION 204 OF THE PENAL CODE.
JOSEPH MMBAYA:- On the night between 4th and 5th day of March, 2012 at LUNUNU village, SHISWA sub-location, MURHANDA location in KAKAMEGA EAST District within WESTERN Province murdered CHRISPINUS SHIAMBETSA.”
2. Two witnesses testified in this case. PW1was the Father to the deceased. He was called TOM MBOYA SHIAMBETSA. He however confirmed that he only learnt of his son’s death long after his son had died and that he was told that the Accused person herein is the one who had killed his son.
3. PW2 was the deceased’s brother one BENSON IMBALI. He testified that in the morning of 05/03/2012 he heard the deceased’s wife crying outside his house. He then realized that the cries were from his neighbour’s compound. He hurriedly went out and found his way into the deceased’s house by kicking the front door which had been locked from inside. He found the deceased’s children crying. He then found his brother’s body lying dead having been cut right through the middle of the head.
4. PW2 further testified that in the evening of the preceding day, he had heard the deceased’s wife quarrelling with the deceased that the deceased had an extra-marital affair with the Accused person’s wife. Come the following morning, the deceased was found dead. PW2 however did not witness how his brother met his death.
5. Although the other witnesses did not testify and there is no direct evidence on the Accused person’s involvement in the deceased’s death, there is however some iota of circumstantial evidence to that effect. I will not at this point give the Accused person the benefit of doubt but instead place him on his defence. He has a case to answer.
Orders accordingly.
DELIVERED, DATED and SIGNED at KAKAMEGA this 28th day of July, 2015
C. MRIMA
JUDGE