[2016] KEHC 2905 (KLR)
The court found that the prosecution's evidence, particularly the testimonies of witnesses who interacted with the deceased before his death and heard his dying declaration implicating the accused, as well as the circumstantial evidence of the accused being last seen with the deceased and presenting the deceased's...
Source-derived case information.
- Citation
- [2016] KEHC 2905 (KLR)
- Parties
- Applicant: Republic; Defendant: Mark Lukoye Masambaya; Defendant: Simon Akhalumi Masambaya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 47 of 2011
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case
- Outcome
- Accused persons put on their defence.
- Judges
- EC Mwita
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Evidence Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mark Lukoye Masambaya
Defendant
Simon Akhalumi Masambaya
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant their being put on their defence.
- 2 Whether the evidence adduced links the accused to the murder of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimonies of witnesses who interacted with the deceased before his death and heard his dying declaration implicating the accused, as well as the circumstantial evidence of the accused being last seen with the deceased and presenting the deceased's belongings at the police station, was sufficient to establish a prima facie case. The medical evidence corroborated that the deceased died from injuries consistent with an assault. Consequently, the court ruled that the accused must be put on their defence as the prosecution had met the threshold required at this stage of the proceedings.
Court Disposition
Accused persons put on their defence.
Orders
- The accused are hereby put on their defence.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
HIGH COURT CRIMINAL CASE NO.47 OF 2011
REPUBLIC...............................................................PROSECUTOR
VERSUS
MARK LUKOYE MASAMBAYA
SIMON AKHALUMI MASAMBAYA..........................RESPONDENT
RULING
1. The accused Marck Lukoye MasambayaandSimon Akhalumi Maambayahave been arraigned before court on the information of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars are that on the 13th July, 2011 at Shikomari Sub-location in Kakamega Central District within Western Province jointly murdered Robert Shisia Masambaya.
2. The prosecution has called 6 witnesses. I have considered the evidence on record especially the evidence of PW1 and PW2 who saw the deceased before his death and took him to hospital. They spoke to him and according to their evidence, he told them what had happened. PW3 also told the court that the accused went to the station with some items which belonged to the deceased and reported that the deceased had attacked them. The witness observed the cloths they were wearing which had blood stains. The accused were the last people who were with the deceased while he was alive.
3. PW4 also testified how he saw the deceased in hospital injured and talked to him and that the deceased told him that it was the accused who had attacked him.The evidence of the Doctor, PW6, is clear that the injuries on the body of the deceased were consistent with an assault.
4. From the evidence on record, I am satisfied that the prosecution has established a prima facie case against the accused person to warrant them being put on their defence. Consequently I proceed to put the accused on their defence.
Dated and delivered at Kakamega this 20th September, 2016.
E.C. MWITA
JUDGE