[2023] KEHC 3780 (KLR)
The court found that none of the prosecution witnesses witnessed the killing or placed the accused at the scene. All evidence linking the accused to the death was hearsay, and there was no direct or circumstantial evidence implicating them. The prosecution failed to establish the accused's role in the causation of...
Source-derived case information.
- Citation
- [2023] KEHC 3780 (KLR)
- Parties
- Applicant: Republic; Defendant: Johnson Anyika Khanira; Defendant: Abdi Khanira
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2019
- Procedural Posture
- Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
- Outcome
- acquittal
- Judges
- WM Musyoka
- Legal Topics
- Murder, Prima Facie Case, Hearsay Evidence, Acquittal, Malice Aforethought
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Johnson Anyika Khanira
Defendant
Abdi Khanira
Defendant
Procedural Posture
Criminal Case / Ruling on Whether a Prima Facie Case Has Been Established at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether there was sufficient evidence linking the accused to the death of the deceased.
- 3 Whether the elements of murder, including malice aforethought, were proved.
Ratio Decidendi
The court found that none of the prosecution witnesses witnessed the killing or placed the accused at the scene. All evidence linking the accused to the death was hearsay, and there was no direct or circumstantial evidence implicating them. The prosecution failed to establish the accused's role in the causation of death or malice aforethought. Consequently, the court held that no prima facie case had been made out against the accused persons to warrant their being put on their defence. The accused were found not guilty and acquitted under section 306(1) of the Criminal Procedure Code.
Court Disposition
acquittal
Orders
- The accused persons are found not guilty and acquitted under section 306(1) of the Criminal Procedure Code.
- The accused shall be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Khanira & another (Criminal Case 36 of 2019) [2023] KEHC 3780 (KLR) (28 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3780 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 36 of 2019
WM Musyoka, J
April 28, 2023
Between
Republic
Prosecution
and
Johnson Anyika Khanira
1st Accused
Abdi Khanira
2nd Accused
Ruling
1. 6 witnesses testified in this matter. None of them witnessed the killing of the deceased. PW1 was at his home when he got the news, and went to the scene. PW2 was in Nairobi when it happened. PW3 was told about it by a pupil that he met on the road. PW4 was telephoned by someone, and told about it. PW5 was at a meeting, when someone telephoned with the news. PW5 was the pathologist.
2. None of these witnesses were present at the scene, when the deceased sustained his fatal injuries, and what they told the court was hearsay, based on what other persons informed them. None of them were able to place the accused persons at the scene, nor to link them to the death.
3. The principal elements of murder are proof of the death, the cause of it, the role of the accused person in the causation, and whether, if the accused caused the death, he did it with malice aforethought.
4. The deceased in fact died, the body was seen by the witnesses. PW6 conducted a post-mortem on it, after it was identified by relatives, and a post-mortem report is on record. On the cause of death, the post-mortem report states that the deceased died of loss of blood, caused by a stab wound. None of the witnesses directly linked the accused to the death, and the issue as to malice aforethought does not arise. There is also no circumstantial evidence linking them to the death.
5. It is my finding and holding that no prima facie case has been made out against the accused persons herein, to warrant their being put on their defence. I accordingly find them not guilty, and acquit them, under section 306(1) of the Criminal Procedure Code, Cap 75, Laws of Kenya, of the murder of Benson Achanga, contrary to section 203, as read with section 204, of the Penal Code, Cap 63, Laws of Kenya.
6. The accused shall be set free, if they are still in remand custody, unless they are otherwise lawfully held.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 28TH DAY OF APRIL 2023WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMs. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Shivega, Advocate for the accused persons.