[2024] KEHC 10778 (KLR)
The court found that, despite the absence of direct eyewitness testimony, the prosecution's circumstantial evidence—including the accused's use of the deceased's phone and his subsequent disappearance—was sufficient to establish a prima facie case of murder. The refusal of a key witness to testify did not negate the...
Source-derived case information.
- Citation
- [2024] KEHC 10778 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Otwori Kegoya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E043 of 2022
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Circumstantial Evidence, Case to Answer, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Samwel Otwori Kegoya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant the accused being placed on his defence for the charge of murder.
- 2 Whether circumstantial evidence is sufficient in the absence of direct eyewitness testimony.
Ratio Decidendi
The court found that, despite the absence of direct eyewitness testimony, the prosecution's circumstantial evidence—including the accused's use of the deceased's phone and his subsequent disappearance—was sufficient to establish a prima facie case of murder. The refusal of a key witness to testify did not negate the weight of the circumstantial evidence presented. Accordingly, the accused was placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on his defence under section 306(2) of the Criminal Procedure Code.
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kegoya (Criminal Case E043 of 2022) [2024] KEHC 10778 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10778 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E043 of 2022
HI Ong'udi, J
September 18, 2024
Between
Republic
State
and
Samwel Otwori Kegoya
Accused
Ruling
1. Samuel Otwori Kegoya the accused herein stands charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that the accused on 14th day of February 2020 at Kenyatta Estate in Njoro sub county within Nakuru county, murdered Ruth Waithera Kinyua.
2. The accused denied the charge and the matter proceeded to full hearing with the prosecution calling ten (10) witnesses. The fact and cause of death are not contested. It is also true there is no eye witness who testified. However, there is the evidence of the investigating officer P. C Joseph Njogu Ekante – PW5 showing how the accused was traced by use of the deceased’s phone. The daughter of the deceased PW1 was also called by the accused while using the deceased’s phone.
3. This incident occurred on 14th February, 2020 and the accused went underground only to be arrested around 30th July 2022 by police officers from Keroka police station. There is a lot about this which I would not wish to get into at this point. His own brother Kevin Otwori who had assisted the police in their investigations refused to attend court to testify against the accused. There may be no direct evidence but there is sufficient circumstantial evidence to warrant the accused’s placement on his defence.
4. I therefore place the accused on his defence under section 306(2) of the Criminal Procedure Code.
5. Orders accordingly
DELIVERED, DATED AND SIGNED THIS 18TH DAY OF SEPTEMBER, 2024 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE