[2015] KEHC 7630 (KLR)
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused. The facts that the accused was last seen with the deceased, was found in possession of a missing title deed, and did not attend the funeral, together with the circumstances of...
Source-derived case information.
- Citation
- [2015] KEHC 7630 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Manzi Muema
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 48 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused found to have a case to answer and ordered to make his defence.
- Judges
- LN Mutende
- 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
Kennedy Manzi Muema
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the circumstantial evidence links the accused to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, though circumstantial, was sufficient to establish a prima facie case against the accused. The facts that the accused was last seen with the deceased, was found in possession of a missing title deed, and did not attend the funeral, together with the circumstances of the locked house and the autopsy findings, collectively point to the accused as one of the persons who may have committed the act causing the death. Therefore, the accused is required to address the court in his defence as provided under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to make his defence.
Orders
- The accused is required to address the court in his defence pursuant to section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SITTING AT KITUI
CRIMINAL CASE NO 48 OF 2013
REPUBLIC………………………………………………STATE COUNSEL
VERSUS
KENNEDY MANZI MUEMA……………………………………..ACCUSED
R U L I N G
Kennedy Manzi Mwema, the accused, is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap.63), Laws of Kenya. Particulars of the offence being that on the night of 20th and 21st day of September,2013 at unknown time at Mikuyuni Sub-Location in Kwa Vonza Location within Kitui County ,jointly with others not before court murdered JAMES KAKUTI MBUVI.
The body of the deceased was found hanging from the roof of his house. Inside the room was an open metal box with papers scattered all over the floor. The accused, his grandson, who lived with him, was at large. He did not attend his funeral.
In the course of investigations, the accused was found in possession of a title deed that was believed to have gone missing from the documents that the deceased possessed. He was also suspected to have stolen money belonging to the deceased. He was arrested and charged.
The autopsy conducted on the body of the deceased revealed that he died as a result of Cardio-pulmonary collapse due to asphyxia secondary to hanging.
At the conclusion of the prosecution’s case it was established that the house in which the deceased was found was locked with a padlock from outside. The keys were however inside the house on the table.
The circumstantial evidence adduced points to the accused as one of the persons who may have committed the act that caused the death of the deceased. In the premises he is required to address the court in his defence pursuant to the provisions of section 306(2) of the CPC.
It is so ordered.
DATED, SIGNED and DELIVEREDat KITUI this 22ND day of
July, 2015.
L. N. MUTENDE
JUDGE