[2015] KEHC 5491 (KLR)
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony, physical exhibits recovered at the scene, and expert reports, to establish a prima facie case against the accused. The evidence, if believed, would be sufficient to support a conviction. The court rejected the...
Source-derived case information.
- Citation
- [2015] KEHC 5491 (KLR)
- Parties
- Applicant: Republic; Defendant: Josiah Nyangari Orero
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 81 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and put on his defence.
- Judges
- CC Kipkorir
- Legal Topics
- Murder, Criminal Procedure, Burden of Proof, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Josiah Nyangari Orero
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
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 evidence adduced links the accused to the offence of murder sufficiently at this stage.
Ratio Decidendi
The court found that the prosecution had presented sufficient evidence, including eyewitness testimony, physical exhibits recovered at the scene, and expert reports, to establish a prima facie case against the accused. The evidence, if believed, would be sufficient to support a conviction. The court rejected the defence's submissions regarding the credibility and sufficiency of the evidence at this stage, holding that these are matters for determination after the defence case. Accordingly, the accused was found to have a case to answer and was put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and put on his defence.
Orders
- The accused is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 81 OF 2011
REPUBLIC………………………………………….PROSECUTOR
VERSUS
JOSIAH NYANGARI ORERO…………. ……………. ACCUSED
RULING
The accused, Josiah Nyangari Orero is charged with murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 17th day of May 2004 at ParkroadinNairobiwithinNairobi Provincemurdered Elizabeth Musembi. He denied the charge when arraigned in court on 18th October, 2011 and was remanded in custody.
The prosecution’s case is that the accused wanted to befriend the deceased and upon her refusal, he set out to harm her. PW2 Robert Musembi who is the father of the deceased testified that the deceased had on 13th May 2004, complained to him that the accused who lived in the neighbourhood had continually stalked and harassed her. Together with his son and the deceased they visited the accused’s home to investigate the complaint. The accused, however refused to co-operate and stormed out of the talks leaving his brother to talk to PW2.
The following day, the accused went to the deceased’s home and PW2 sent him away. On the 17th May 2004. PW2 received a report that his daughter had been stabbed by the accused. PW1 Abdi Nganga Wainaina, PW3 Tecla Chemobo and PW5 Daniel Kariuki were all tutors at the Nairobi Technical Training Institute where the deceased was a student. In their testimony, they told the court how they learnt that one of their students had been stabbed outside the Institute’s gate on the fateful morning of 17th May 2004. PW1 had earlier seen the accused and the deceased arguing outside the Institute’s gate; while PW3 and PW5 responded to the commotion outside the gate and rushed to the scene to assist the deceased. PW3 and PW4 Joseph Muriithi who was a student rushed the deceased to hospital while PW5 went to report the incident at the Pangani Police Station.
PW6 Corp. Michael Kiplagat Aiyabei recovered a blood-stained paper bag containing the deceased’s books and the murder weapon as well as an empty insecticide bottle at the scene. He testified that the accused was arrested at the Kiambu Hospital where he was admitted after attempting suicide and was found with the suicide note. The handwriting expert PW7 Emmanuel Kenga told the court that he confirmed the handwriting on the suicide note to be that of the accused. PW9 Dr. Jane Wasike Simiyu conducted the post-mortem on the body of the deceased and found a penetrating stab wound on the neck. She formed the opinion that the cause of death was severe haemorrhage. Dr. Kakinya of Mathare Mental Hospital conducted a psychiatric assessment of the accused and found that he was fit to be investigated after being treated for poisoning. The medical report was produced by Dr. Victoria Wamukuma.
At the close of the prosecution case, the defence made oral submissions urging the court to acquit the accused. They questioned the credibility of the evidence presented to the court stating that the exhibits produced did not link the accused to the offence and neither was an identification parade held to positively identify the accused.
After hearing the testimonies of the prosecution witnesses above and analyzing the evidence on record, I have come to the conclusion that the accused has a case to answer. He is put on his defence in accordance with Section 306 of the Criminal Procedure Code.
Orders accordingly.
Ruling delivered, dated and signed at Nairobi this 21st day of April 2015
R. LAGAT - KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
…………………………….: Accused
…………………………….: For the accused
…………………………….: For the State