[2025] KEHC 7098 (KLR)

[2025] KEHC 7098 (KLR)

The court found that the prosecution failed to establish a prima facie case against the accused for the offence of murder. Although the death of the deceased was not in dispute and the cause of death was established as drowning, there was no evidence directly linking the accused to the act that caused the death. The evidence did not prove that the accused was last seen with the deceased at the relevant time, nor did it establish that the accused was present at the scene of the drowning. The circumstantial evidence relied upon by the prosecution, including the location of the deceased's shoes and the accused's alleged attempts to influence witnesses, was insufficient to connect the accused...

Citation
[2025] KEHC 7098 (KLR)
Parties
Applicant: Republic; Defendant: Teresios Jamumo Karinga
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Criminal Case 2 of 2015
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Outcome
acquittal
Judges
EM Muriithi
Legal Topics
Murder, Prima Facie Case, Malice Aforethought, Burden of Proof, Last Seen Doctrine
Source Language
English
Criminal Law Murder Prima Facie Case Malice Aforethought Burden of Proof Last Seen Doctrine

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Teresios Jamumo Karinga

Defendant

Procedural Posture

Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for the offence of murder contrary to section 203 as read with 204 of the Penal Code.
  2. 2 Whether the evidence adduced proves that the accused committed the unlawful act which caused the death of the deceased.
  3. 3 Whether malice aforethought was established against the accused.

Ratio Decidendi

The court found that the prosecution failed to establish a prima facie case against the accused for the offence of murder. Although the death of the deceased was not in dispute and the cause of death was established as drowning, there was no evidence directly linking the accused to the act that caused the death. The evidence did not prove that the accused was last seen with the deceased at the relevant time, nor did it establish that the accused was present at the scene of the drowning. The circumstantial evidence relied upon by the prosecution, including the location of the deceased's shoes and the accused's alleged attempts to influence witnesses, was insufficient to connect the accused...

Court Disposition

acquittal

Orders

  • A finding of not guilty is entered for the offence of murder contrary to section 203 as read with 204 of the Penal Code.
  • The accused is acquitted.