[2019] KEHC 5461 (KLR)
The court found that, although the cause of death could not be ascertained due to decomposition, the circumstantial evidence presented by the prosecution—including the accused's possession of the deceased's mobile phone, the recovery of items allegedly disposed of by the accused, and the fact that the accused and...
Source-derived case information.
- Citation
- [2019] KEHC 5461 (KLR)
- Parties
- Applicant: Republic; Defendant: Laban Kamau Kiarie
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on defence
- Judges
- K Kimondo
- Legal Topics
- Murder, Circumstantial Evidence, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Laban Kamau Kiarie
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 placed on his defence.
- 2 Whether the circumstantial evidence adduced is sufficient to connect the accused to the offence of murder.
Ratio Decidendi
The court found that, although the cause of death could not be ascertained due to decomposition, the circumstantial evidence presented by the prosecution—including the accused's possession of the deceased's mobile phone, the recovery of items allegedly disposed of by the accused, and the fact that the accused and deceased lived in the same compound—was sufficient to establish a prima facie case. Applying the principles from Bhatt v Republic and R v Kipkering arap Koske, the court held that the evidence, if unchallenged, could lead to a conviction. Therefore, the accused was placed on his defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
accused placed on defence
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
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
CRIMINAL CASE NO. 15 OF 2014
REPUBLIC.........................PROSECUTOR
VERSUS
LABAN KAMAU KIARIE......ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on diverse dates between 27th May 2014 and 29th May 2014 at an unknown time at Kigio Sub-Location, Gatanga District, within Murang’a County, he murdered Margaret Wanjiku Kamau.
3. He pleaded notguilty. Twelve witnesses took to the stand.
4. The prosecution’s case is largely built on circumstantial evidence. The body of the deceased was retrieved from a well or a borehole. According to PW1 and PW2, the accused had worked for the deceased for about seven months. The accused and deceased were living in the same compound.
5. PW6 and PW7 claimed that a mobile phone belonging to the deceased was later discovered in the house of the accused. PW10 claimed that the accused said he had thrown a knife and other items into a pit latrine (exhibits 2 to 6). All except the knife were recovered by PW4 from the latrine. PW5 said the knife was found in a blue bag inside the mud house occupied by the accused.
6. The death is not in doubt. But the post mortem examination could notascertain the cause owing to decomposition of the remains.
7. On the totality of the evidence; and, applying the test in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another16 EACA 135 (1949) I find that the Republic has established a prima facie case.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 25th day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Mr. J. Mbuthia for the accused.
Ms. R. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.