[2022] KEHC 16593 (KLR)
The court found that the post mortem report, though not produced by the investigating officer, was admitted by consent of both parties and its contents corroborated the injuries suffered by the deceased. Coupled with eyewitness testimony regarding the altercation between the accused and the deceased, the evidence...
Source-derived case information.
- Citation
- [2022] KEHC 16593 (KLR)
- Parties
- Applicant: Republic; Defendant: Derrick Mbayisi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2017
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Judges
- PJO Otieno
- Legal Topics
- Prima Facie Case, Case to Answer, Production of Evidence, Post Mortem Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Derrick Mbayisi
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the production of the post mortem report by consent is sufficient to prove death.
- 3 Whether all ingredients of the offence have been established.
Ratio Decidendi
The court found that the post mortem report, though not produced by the investigating officer, was admitted by consent of both parties and its contents corroborated the injuries suffered by the deceased. Coupled with eyewitness testimony regarding the altercation between the accused and the deceased, the evidence was sufficient to establish a prima facie case. The court held that the prosecution had met the threshold to require the accused to answer to the charge, and thus placed the accused on his defence.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Mbayisi (Criminal Case 23 of 2017) [2022] KEHC 16593 (KLR) (16 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16593 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 23 of 2017
PJO Otieno, J
December 16, 2022
Between
Republic
Prosecutor
and
Derrick Mbayisi
Accused
Ruling
1. The 7th and last witness in this matter was called and testified on February 13, 2019 when the matter was adjourned to enable the prosecution call the doctor to produce the post mortem report and investigating officer to give evidence.
2. This was not to be because the investigating officer proved elusive but the two counsels agreed by consent to have the post mortem report produced by consent and the same was marked Exh P1.
3. The defence has filed well researched and argued submission stressing largely that there having been failure to produce the post mortem report, death has not been proved and therefore there has not been established a prima facie case to merit the accused being put on their defence. The other point put forth is that not all ingredients of the offence have been established.
4. The court has perused the file and noted that the post mortem report was produced by consent and the opinion expressed in it marries with the injuries suffered by the deceased. There is also evidence of witnesses who witnessed the altercation between accused and the deceased. The totality of that evidence connects the accused to the death of the deceased to an extent that calls for a rebuttal by the accused.
5. I find that the prosecution has established a prima facie case which calls that the accused be placed on his defence.
6. The court finds that the accused has a case to answer.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH DAY OF DECEMBER 2022. PATRICK J O OTIENOJUDGEIn the presence of:Mr Iddi for the accusedMs Chala for the prosecutionCourt assistant: Polycap Mukabwa