[2016] KEHC 447 (KLR)
The court found that although there was no eye-witness to the murder, the prosecution's circumstantial evidence—including forensic DNA analysis linking the blood on the accused's skirt and the recovered panga to the deceased, and the accused's conduct in hiding and leading police to the weapon—was sufficient to...
Source-derived case information.
- Citation
- [2016] KEHC 447 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Ndinda Mutisya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2013
- Procedural Posture
- Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
- Outcome
- Accused found to have a case to answer and placed on her defence.
- Legal Topics
- Murder, Prima Facie Case, Circumstantial Evidence, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Ndinda Mutisya
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer After Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant her being placed on her defence.
- 2 Whether the circumstantial evidence adduced is sufficient to link the accused to the offence of murder.
Ratio Decidendi
The court found that although there was no eye-witness to the murder, the prosecution's circumstantial evidence—including forensic DNA analysis linking the blood on the accused's skirt and the recovered panga to the deceased, and the accused's conduct in hiding and leading police to the weapon—was sufficient to establish a prima facie case. The court held that, if the accused offered no explanation, a reasonable tribunal could convict on the evidence presented. Therefore, the accused was found to have a case to answer and was placed on her defence in compliance with section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused found to have a case to answer and placed on her defence.
Orders
- The accused is found to have a case to answer and is placed on her defence in accordance with section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 10 OF 2013
REPUBLIC………………………….............PROSECUTOR
VERSUS
MARY NDINDA MUTISYA……….................……ACCUSED
RULING
Mary Ndinda Mutisya, the accused, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the offence are that on the 8th day of January 2013 at Makaburini area within Kawaida Village in Kiambu County she murdered Joshua Murunga Nambaru, deceased. The accused has pleaded not guilty to the charge.
The prosecution has closed its case after testimony of 8 witnesses. It is upon this court to determine at this stage of the trial whether the evidence adduced establishes a prima facie case against the accused person in order to place her on her defence.
I took over the proceedings in this trial after two witnesses had testified before my predecessor. I have carefully read all the evidence to satisfy myself whether the evidence adduced is such that this court properly directing its mind to the law and the evidence could convict the accused person if no explanation is offered by the defence (see Ramanlal Trambaklal Bhatt v. R [1957] E.A 332 at 334 and 335).
There is no eye-witness to the circumstances leading to the death of the deceased. The case for the prosecution may be based on circumstantial evidence. Evidence shows that PW2 Benson Baraza the father of the deceased was sleeping around 11. 00am on 8th January 2013 when he was informed that his son had been killed. He went out and found his son lying on the ground bleeding from deep cuts on the head and neck. PW2 picked the boy up but he died in his arms. The matter was reported to the area assistant chief Anthony Kamau, PW1, who confirmed the incident and started looking for the accused who was suspected to have caused the fatal injuries. She was found in hiding and arrested. She was handed over to the police and charged with this offence after investigations were completed.
Evidence of the pathologist Dr. Peter Muriuki Ndegwa, PW7, confirms the death of the deceased due to severe head injury due to sharp force trauma.
The accused’s blood-stained skirt, exhibit 1, and a panga suspected to be the murder weapon, exhibit 3, were examined by Dr. Joseph Kagunda, PW6. He profiled the stains found on these items and a sample of deceased’s blood for DNA and found that the blood-stains found on accused’s skirt and the panga belonged to the deceased. According to prosecution evidence the accused led police to recover the panga.In my considered view there is sufficient circumstantial evidence to persuade this court to place the accused on her defence. Consequently, I find that the accused has a case to answer and in compliance of section 306 (2) of the Criminal Procedure Code the accused has been informed of her rights. Orders shall issue accordingly.
Dated, signed and delivered this 10th November 2016.
S. N. Mutuku
Judge
In the presence of:
Ms Macharia for the prosecution
Mr. Wamwayi for the accused
Ms Mary Ndinda Mutisya, the accused
Mr. Daniel Ngumbi, court clerk