[2013] KEHC 5753 (KLR)
The High Court found that the trial magistrate properly evaluated the evidence, particularly the testimony of I.W.8, whose credibility was in doubt as he was declared a refractory witness. The court noted that no other witnesses were able to identify the alleged assailants, and the evidence pointed to the deceased...
Source-derived case information.
- Citation
- [2013] KEHC 5753 (KLR)
- Parties
- Applicant: Republic; Respondent: Maina Mbuteni alias Kauma
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 7 of 2013
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Inquest Finding
- Outcome
- application for revision declined
- Legal Topics
- Criminal Revision, Inquest Proceedings, Mob Justice, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Maina Mbuteni alias Kauma
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Inquest Finding
Legal Issues
- 1 Whether the trial magistrate erred in failing to give weight to the evidence of I.W.8 regarding identification of the assailants.
- 2 Whether the inquest finding that the deceased was unlawfully killed by unknown persons was justified in light of the evidence.
Ratio Decidendi
The High Court found that the trial magistrate properly evaluated the evidence, particularly the testimony of I.W.8, whose credibility was in doubt as he was declared a refractory witness. The court noted that no other witnesses were able to identify the alleged assailants, and the evidence pointed to the deceased being a victim of mob justice. Consequently, the court held that there was no basis to interfere with or revise the inquest magistrate's finding that the deceased was unlawfully killed by unknown persons. The application for revision was declined as the evidence on record did not warrant a different conclusion.
Court Disposition
application for revision declined
Orders
- The finding of the inquest magistrate is upheld.
- The application for revision is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL REVISION CASE NO. 7 OF 2013
REPUBLIC…………………………………………………..APPLICANT
versus
MAINA MBUTENI alias KAUMA ………………………..RESPONDENT
REVISION
The matter has been referred to this court for revision under the provisions of sections 362 – 367 of the Criminal Procedure Code by the office of Director of Public prosecutions in respect of Karatina Senior Resident Magistrate inquest case No. 9 of 2008 on the basis that the trial magistrate erred in failing to give weight to the evidence given by I.W.8/I.W.11 one Mureithi Muriuki who testified to have seen Wairimu Ndirangu, Kirigo Njoroge, Rose Wambui, Charles Mwangi and Mwangi Gichohi assaulted the deceased.
That the magistrate erred in holding that the deceased was unlawfully killed by unknown persons in presence of the evidence of I.W.8.
I have looked at the proceedings before Hon. Omido and his ruling herein and in specific on the evidence of the evidence of I.W.8 where he says that.
“On the day that P.W.8 was initially called to testify (14. 10. 09) the court found that he was a refractory witness and as such the veracity of his testimony remains in question.”
The evidence presented before the court shows that the deceased was a victim of mob justice and I therefore agree with the finding of the trial magistrate and hold that there was no way I.W.8 would have identified those named while all other witnesses called were unable to identify them.
I therefore agree with the finding of the inquest magistrate and decline to revise the same based upon the evidence on record.
Dated at Nyeri this 8th day of July 2013.
J. WAKIAGA
JUDGE