[2024] KEHC 9559 (KLR)
The court found that although the defence raised procedural issues regarding the manner in which the accused's statement was obtained, the accused was afforded a full opportunity to challenge the statement's admissibility through a trial within a trial. The accused, however, exercised his constitutional right to...
Source-derived case information.
- Citation
- [2024] KEHC 9559 (KLR)
- Parties
- Applicant: Republic; Defendant: Christopher Musyoka Muthiani
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2019
- Procedural Posture
- Criminal Case / Ruling on Admissibility of Accused's Statement (trial Within a Trial)
- Outcome
- Statement of the accused admitted into evidence.
- Judges
- GMA Dulu
- Legal Topics
- Admissibility of Confessions, Trial Within a Trial, Right to Silence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Christopher Musyoka Muthiani
Defendant
Procedural Posture
Criminal Case / Ruling on Admissibility of Accused's Statement (trial Within a Trial)
Legal Issues
- 1 Whether the statement recorded from the accused is admissible in evidence.
- 2 Whether the accused's silence during the trial within a trial affects the admissibility of the statement.
Ratio Decidendi
The court found that although the defence raised procedural issues regarding the manner in which the accused's statement was obtained, the accused was afforded a full opportunity to challenge the statement's admissibility through a trial within a trial. The accused, however, exercised his constitutional right to remain silent and did not present any evidence to contest the statement. As a result, the court held that there was no substantive challenge to the admissibility of the statement. Consequently, the statement, already produced as exhibit 8, was admitted into evidence and will be considered alongside other evidence in the determination of the case.
Court Disposition
Statement of the accused admitted into evidence.
Orders
- The statement recorded from the accused and produced as exhibit 8 is admitted in evidence and will be considered in the determination of the case.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Muthiani (Criminal Case 7 of 2019) [2024] KEHC 9559 (KLR) (27 June 2024) (Ruling)
Neutral citation: [2024] KEHC 9559 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case 7 of 2019
GMA Dulu, J
June 27, 2024
Between
Republic
Prosecutor
and
Christopher Musyoka Muthiani
Accused
Ruling
1. In cross-examination regarding the evidence of PW9 Chief Inspector Pius Chelimo, the defence raised issues that challenged the process and procedure of obtaining the statement recorded from the accused person.
2. As a consequence, this court considered the contents of the statement to have been challenged as well as its admissibility in evidence.
3. The court thus treated the statement as contested and gave the appellant a chance to tender evidence to challenge the statement in a trial within a trial, and be cross-examined in order to determine its admissibility.
4. When the accused was however given a chance to tender evidence on his side on what might have transpired regarding the recorded statement, he elected to keep quiet which is his constitutional right.
5. In effect therefore, the statement which had already been produced in evidence as exhibit 8 not being challenged as to its admissibility, is hereby admitted in evidence, and will be considered alongside other evidence in determining this case.
DATED, SIGNED AND DELIVERED THIS 27TH DAY OF JUNE 2024 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsMr. Sirima for StateMr. Mosioma for accused – virtualAccused – virtual