[2017] KEHC 6371 (KLR)
The court found that the prosecution, through the testimony of eight witnesses and both direct and circumstantial evidence, had established a prima facie case against the accused for the offence of murder. The evidence included the nature of the relationship between the accused and the deceased, the circumstances of...
Source-derived case information.
- Citation
- [2017] KEHC 6371 (KLR)
- Parties
- Applicant: Republic; Respondent: Monica Imoni Karube
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2012
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on her defence.
- Judges
- K Kimondo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Homicide
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Monica Imoni Karube
Respondent
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 put on her defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer to the charge of murder.
Ratio Decidendi
The court found that the prosecution, through the testimony of eight witnesses and both direct and circumstantial evidence, had established a prima facie case against the accused for the offence of murder. The evidence included the nature of the relationship between the accused and the deceased, the circumstances of the homicide, and the medical evidence regarding the cause of death. Applying the principles from Bhatt v Republic and R v Kipkering arap Koske, the court held that there was sufficient evidence to require the accused to be put on her defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused put on her defence.
Orders
- The accused is put on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CRIMINAL CASE NO. 39 OF 2012
REPUBLIC...........................................................PROSECUTOR
VERSUS
MONICA IMONI KARUBE...........................................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 21st May 2012 at Burnt Forest trading centre, Uasin Gishu District of the Rift Valley Province, she murdered Daniel Mbugua Githinji.
3. She pleaded notguilty. The prosecution called eightwitnesses. The accused is the widow of the deceased. I have considered the direct and circumstantial evidence surrounding the homicide in this case. PW1 testified of the turbulent relationship between the accused and the deceased. They had cohabited for only three months. There was evidence of a struggle outside their house before the deceased was stabbed and died.
4. I have in particular paid close attention to the evidence of PW1, PW2 PW3, PW4, PW7 (the pathologist) and PW8. I have also taken into account the written submissions by the learned Prosecution Counsel filed on 13th March 2017. The learned defence counsel elected not to make submissions at this stage.
5. On the summation of the evidence of the eight witnesses; and, on the authorities of Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949), I am persuaded that the Republic has established a prima facie case.
6. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now put the accused on her defence.
It is so ordered.
DATED, SIGNED and DELIVERED at ELDORET this 25th day of April 2017.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Ms. Mumu for the Republic.
Mr. J. Kemboi, Court Clerk.