[2012] KEHC 647 (KLR)
The court found that the prosecution's evidence, even when taken at its highest, merely cast suspicion on the accused persons and did not establish a prima facie case linking them to the murder of Rodgers Kaingu Mwanyale. The only evidence connecting any accused to the alleged crime was a threatening letter...
Source-derived case information.
- Citation
- [2012] KEHC 647 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Karisa Katana Mangi; Defendant: Furaha Sulubu Kazungu Baya; Defendant: Omar Dzaro Matete
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2011
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal under Section 306(1) of the Criminal Procedure Code; referral for further investigation
- Judges
- CW Meoli
- Legal Topics
- Murder, Witness Intimidation, Acquittal, Criminal Procedure, Evidence Evaluation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Karisa Katana Mangi
Defendant
Furaha Sulubu Kazungu Baya
Defendant
Omar Dzaro Matete
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the murder of Rodgers Kaingu Mwanyale.
- 2 Whether the evidence adduced connected the accused persons to the murder beyond mere suspicion.
- 3 Whether the accused should be acquitted under Section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution's evidence, even when taken at its highest, merely cast suspicion on the accused persons and did not establish a prima facie case linking them to the murder of Rodgers Kaingu Mwanyale. The only evidence connecting any accused to the alleged crime was a threatening letter attributed to the second accused, which related to witness intimidation rather than the murder itself. There was no direct or circumstantial evidence implicating the accused in the murder. Consequently, the court acquitted all three accused under Section 306(1) of the Criminal Procedure Code. However, due to concerns about possible interference with witnesses, the court directed that...
Court Disposition
acquittal under Section 306(1) of the Criminal Procedure Code; referral for further investigation
Orders
- The three accused are acquitted of the murder charge under Section 306(1) of the Criminal Procedure Code.
- The accused shall be handed over to the OCS Malindi upon release from custody for purposes of further investigations and arraignment for appropriate offences under the Penal Code within seven days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
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REPUBLIC …...............................................PROSECUTOR
VERSUS
KARISA KATANA MANGI
FURAHA SULUBU KAZUNGU BAYA
OMAR DZARO MATETE...................................ACCUSED
RULING
1. The three accused persons were jointly charged with the murder of Rodgers Kaingu Mwanyale on 30th September, 2010. The prosecution closed its case after calling eight witnesses. Having considered the prosecution evidence, I have come to the conclusion that the same merely casts suspicion on the accused persons. It would appear that following the murder of the deceased, and the arraignment of one Katana Karisa Mangi (father to the 1st accused) in that regard, the three accused showed intense animus against the key witnesses in the criminal trial (HCR 33 of 2010 R Vs Katana Karisa Mangi). The culmination was a threatening letter (Exh.1) warning the key witnesses in the murder trial, and also in this case to leave Kilifi or be killed. The police made a decision to charge the three accused upon receipt of a complaint in that regard.
2. According to the handwriting expert, the said letter was authored by by the second accused. Beyond the foregoing there is no evidence to connect any of the accused with the murder of Rodgers Kaingu.
3. However, as a Court of Law previously seized with the trial of Katana Karisa Mkangi, I cannot shut my eyes to the alleged mischief attributed to the three accused in an apparent bid to interfere with and threaten witnesses in the previous trial. Such blatant apparent disregard for the due process if ignored cannot auger well for the rule of law.
4. As I directed at the close of the trial in criminal case no. 33 of 2010, I do acquit the three accused herein under Section 306(1) of the Criminal Procedure Code in respect of the murder charge but will direct that the accused herein be handed over to the OCS Malindi, upon release from custody for purposes of further investigations and arraignment, for the appropriate offence or offences under the Penal Code, within seven (7) days of today's date.
Delivered and signed at Malindi this 23rd day of November, 2012 in the presence of the accused, Mr. Shujaa holding brief for Mr. Gekanana for accused, Mr. Kemo for the State.
Court clerk – Evans.
C. W. Meoli
JUDGE