[2016] KEHC 6081 (KLR)
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence showed that the accused was involved in a physical altercation with the deceased, during which the deceased sustained fatal injuries. The medical report confirmed the cause of death...
Source-derived case information.
- Citation
- [2016] KEHC 6081 (KLR)
- Parties
- Applicant: Republic; Defendant: Kyalo Mulwa
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused found to have a case to answer and ordered to defend himself.
- Judges
- LN Mutende
- Legal Topics
- Murder, Case to Answer, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kyalo Mulwa
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
- 2 Whether the evidence adduced links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence to establish a prima facie case against the accused. The evidence showed that the accused was involved in a physical altercation with the deceased, during which the deceased sustained fatal injuries. The medical report confirmed the cause of death as brain death secondary to massive subdural haematoma due to skull fracture. The accused was identified as the person who struck the deceased with a piece of wood. Consequently, the court ruled that the accused should be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and ordered to defend himself.
Orders
- The accused is called upon to defend himself pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 15 OF 2015
REPUBLIC……………………………………………..……..PROSECUTOR
VERSUS
KYALO MULWA.....................................................…...ACCUSED
R U L I N G
Kyalo Mulwa,“the Accused” is charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 26thday of December, 2010 at Kwa-Ukungu Shopping Center, Nzunguni Sub-location, Kyangwithya East Locationin Kitui Districtwithin Kitui Countymurdered Francis Muinde(Deceased).
At the close of the Prosecution’s case, evidence adduced was that on the 20th December, 2010 the Accused was sitting at the verandah of the Kwa Mariam Barwithin Kwa Ukungu Market drinking alcohol, when the Deceased confronted him and alleged that he had robbed him of a mobile phone and cash money. A fight ensued between them whereby he assaulted him. Subsequently he succumbed to injuries sustained.
An autopsy carried out revealed that the cause of his death was brain death secondary to massive subdural haematoma due to skull fracture.
The Accused having been identified as the person who struck the Deceased on the head with a piece of wood should give an explanation as to what happened.
In the premises, the Accused is called upon to defend himself pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.
It is so ordered.
Dated, Signed and Deliveredat Kitui this 15thday of March,2016.
L. N. MUTENDE
JUDGE