[2019] KEHC 5608 (KLR)
The court found that the prosecution had established a prima facie case against the accused based on the circumstantial evidence presented, including the accused's prior conduct towards the deceased, her presence with the deceased at the material time, and the post mortem findings indicating death by assault....
Source-derived case information.
- Citation
- [2019] KEHC 5608 (KLR)
- Parties
- Applicant: Republic; Defendant: Mary Wanjiku Kamande
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2015
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on her defence.
- Judges
- K Kimondo
- Legal Topics
- Murder, Circumstantial Evidence, Prima Facie Case, Criminal Procedure, Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mary Wanjiku Kamande
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 her being placed on her defence.
- 2 Whether the circumstantial evidence presented is sufficient to connect the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused based on the circumstantial evidence presented, including the accused's prior conduct towards the deceased, her presence with the deceased at the material time, and the post mortem findings indicating death by assault. Applying the legal standards from Bhatt v Republic and R v Kipkering arap Koske, the court held that the evidence was sufficient to require the accused to be placed on her defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused placed on her defence.
Orders
- The accused is placed on her 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. 2 OF 2015
REPUBLIC.............................................PROSECUTOR
VERSUS
MARY WANJIKU KAMANDE....................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 24th December 2014 at Nguthuru village, Nguthuru Location within Murang’a County, she murdered Sherlene Wambui Wanjiku.
3. She pleaded notguilty. The prosecution lined up threewitnesses.
4. The deceased was a daughter of the accused. The deceased was a disabled and vulnerable child.
5. The prosecution’s case is largely built on circumstantial evidence. For instance, PW2 testified that the accused had previously exposed the child to grave danger by depositing her in the middle of a road. But a vehicle avoided running over the deceased.
6. On the material date, PW1 left the deceased at home with the accused. She was summoned later to the house and found the lifeless body of the deceased on a seat. The accused denied killing the deceased. The post mortem form (exhibit 1) indicates that the cause of death was chest injuries due to assault.
7. 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 her defence.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 23rd day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Mr. Mutinda for the Republic.
Mr. J. N. Mbuthia for the accused.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.