[2020] KEHC 6653 (KLR)

[2020] KEHC 6653 (KLR)

The court found that the prosecution failed to prove beyond reasonable doubt that the accused persons caused the death of the deceased by an unlawful act or omission. The evidence presented was largely hearsay and circumstantial, with key witnesses not called and crucial forensic analysis (such as testing the blood...

Source-derived case information.

Citation
[2020] KEHC 6653 (KLR)
Parties
Respondent: Republic; Defendant: Mark Mungathia; Defendant: David Makenda Muriira
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 28 of 2014
Procedural Posture
Criminal Case / Judgment
Outcome
acquittal
Judges
F Gikonyo
Legal Topics
Murder, Standard of Proof, Circumstantial Evidence, Hearsay Evidence
Source Language
en
Criminal Law Murder Standard of Proof Circumstantial Evidence Hearsay Evidence

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Parties

Republic

Respondent

Mark Mungathia

Defendant

David Makenda Muriira

Defendant

Procedural Posture

Criminal Case / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused persons caused the death of the deceased by an unlawful act or omission with malice aforethought.
  2. 2 Whether the circumstantial and hearsay evidence adduced was sufficient to link the accused to the offence of murder.

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that the accused persons caused the death of the deceased by an unlawful act or omission. The evidence presented was largely hearsay and circumstantial, with key witnesses not called and crucial forensic analysis (such as testing the blood on the recovered axe) not conducted. The court emphasized that hearsay evidence is inadmissible for establishing the truth of its contents and that circumstantial evidence must form a complete and unbroken chain pointing to the accused's guilt. The omissions in the investigation and prosecution's case created reasonable doubt as to the accused's involvement. Consequently, the...

Court Disposition

acquittal

Orders

  • The accused persons, Mark Mungathia and David Makenda Muriira, are acquitted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code CAP 63 Laws of Kenya.
  • The accused are to be set free unless otherwise lawfully held in custody.