[2012] KEHC 214 (KLR)
The court found that the prosecution had established a prima facie case against the accused based on the admissibility of the deceased's dying declaration, corroborated by the testimony of several witnesses and the physical evidence linking the accused to the offence. The court held that the evidence presented,...
Source-derived case information.
- Citation
- [2012] KEHC 214 (KLR)
- Parties
- Applicant: Republic; Defendant: Moses Wanjala Ngaira
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused put on his defence
- Legal Topics
- Murder, Admissibility of Dying Declaration, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moses Wanjala Ngaira
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 dying declaration by the deceased is admissible as evidence under Section 33(a) of the Evidence Act.
- 3 Whether the evidence presented sufficiently links 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 admissibility of the deceased's dying declaration, corroborated by the testimony of several witnesses and the physical evidence linking the accused to the offence. The court held that the evidence presented, including the deceased's identification of the accused and the circumstances of the arrest, was sufficient to require the accused to be put on his defence. The ruling was therefore that the accused has a case to answer and must proceed to present his defence.
Court Disposition
accused put on his defence
Orders
- The accused is found to have a case to answer and is accordingly called to his defence.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC...............................................................................................PROSECUTOR
VERSUS
MOSES WANJALA NGAIRA........................................................................ACCUSED
RULING:
The Accused was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
The prosecution called a total of eight (x8) witnesses. It was the evidence of PW1, PW2 and PW5 that they found the deceased alive and the deceased named the Accused person “ Musungu” as the person who had assaulted him.
I concur with the submissions of Prosecuting Counsel for the State that under the provisions of Section 33 (a) of the Evidence Act a statement made by a deceased person as to the cause of death is admissible as evidence.
The Accused was also arrested by PW8 with an iron bar and the evidence of PW7 corroborates the fact that the injuries were severe and caused by blunt object with a sharp edge.
For the reasons stated above this court is satisfied that the prosecution has made out a prima facie and that the Accused has a case to answer and is accordingly called to his defence.
It is so ordered.
DATED and DELIVERED at Eldoret this 17th day of December 2012
A.MSHILA
JUDGE
Coram: Before Hon. A Mshila J
CC: Andrew
Counsel for the State: Ruto
Counsel for the Accused: Mutai holding brief for Koros
Language: Kiswahili
Accused: Present
A.MSHILA
JUDGE