[2019] KEHC 10013 (KLR)
The court found that the prosecution had adduced sufficient evidence establishing the fact and cause of death of the deceased, and that witnesses identified the accused persons as perpetrators of the mob justice that led to the deceased's death. Accordingly, the court held that a prima facie case had been made out...
Source-derived case information.
- Citation
- [2019] KEHC 10013 (KLR)
- Parties
- Applicant: Republic; Defendant: Mumo Nzioki; Defendant: David Mbai; Defendant: Mwangangi Kakuti; Defendant: Muthui Kakuti; Defendant: Brenson Mueke; Defendant: Julius Kyalo Wayua
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2015
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and ordered to be put on their defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Case to Answer, Criminal Procedure, Mob Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mumo Nzioki
Defendant
David Mbai
Defendant
Mwangangi Kakuti
Defendant
Muthui Kakuti
Defendant
Brenson Mueke
Defendant
Julius Kyalo Wayua
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether there is sufficient evidence linking the accused persons to the death of the deceased.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence establishing the fact and cause of death of the deceased, and that witnesses identified the accused persons as perpetrators of the mob justice that led to the deceased's death. Accordingly, the court held that a prima facie case had been made out against all accused persons, requiring them to be put on their defence as per Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and ordered to be put on their defence.
Orders
- Each accused person is put on their defence pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
KTI.NO.476/2019
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 5 OF 2015
REPUBLIC....................................................................................PROSECUTOR
VERSUS
MUMO NZIOKI............................................................................1ST ACCUSED
DAVID MBAI.................................................................................2ND ACCUSED
MWANGANGI KAKUTI............................................................3RD ACCUSED
MUTHUI KAKUTI.....................................................................4TH ACCUSED
BRENSON MUEKE.....................................................................5TH ACCUSED
JULIUS KYALO WAYUA..........................................................6TH ACCUSED
R U L I N G
1. Mumo Nzioki, David Mbai, Mwangangi Kakuti, Muthui Kakuti, Brenson Muekeand Julius Kyalo Wayuahereinafter, the 1st, 2nd, 3rd, 4th, 5th and 6th Accused persons respectively, were arraigned before this Court on the 3rdday of March, 2015having been charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap. 63), Laws of Kenya.Particulars of the offence are that on the 9thday of February, 2015at Kaumba Village, Katulani Divisionin Katulani Districtwithin Kitui Countyjointly with others not before Court murdered Jackson Kanyalu Kisilu(Deceased).
2. They denied the charge and were taken through trial. At the close of the Prosecution’s case the fact of death was proved by evidence adduced by the Doctor who performed the autopsy, PW6 Doctor Mutuku.On examination of the body he formed the opinion that the Deceased died due to cardio-pulmonary and haemothorax head injury due to trauma.
3. To be put on their defence, there ought to be evidence establishing who may have perpetrated the act that caused the death of the Deceased. Evidence adduced was that the Deceased was subjected to mob justice. Witnesses who testified identified the Accused persons as the perpetrators of the act.
4. Consequently, there is sufficient evidence requiring the Accused persons to be put on their defence pursuant to Section 306(2)of the Criminal Procedure Code.
5. It is so ordered.
Dated, SignedandDeliveredatKituithis16thday of January, 2019.
L. N. MUTENDE
JUDGE