[2014] KEHC 1477 (KLR)
The court found that while there was evidence of a fight between the accused and the deceased, and that the deceased died from internal injuries consistent with the altercation and fall, there was insufficient evidence to establish malice aforethought or premeditation on the part of the accused. The court could not...
Source-derived case information.
- Citation
- [2014] KEHC 1477 (KLR)
- Parties
- Applicant: Republic; Defendant: Mutua Sila
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2007
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Judges
- BT Jaden
- Legal Topics
- Murder, Causation, Benefit of Doubt, Postmortem Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mutua Sila
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused caused the death of the deceased.
- 2 Whether the accused had the requisite mens rea for murder.
- 3 Whether the prosecution proved its case beyond reasonable doubt.
Ratio Decidendi
The court found that while there was evidence of a fight between the accused and the deceased, and that the deceased died from internal injuries consistent with the altercation and fall, there was insufficient evidence to establish malice aforethought or premeditation on the part of the accused. The court could not determine with certainty who was responsible for the fatal injuries, nor could it rule out the possibility that the injuries resulted from the fall rather than direct action by the accused. Consequently, the prosecution failed to prove its case beyond reasonable doubt, and the accused was acquitted on the basis of benefit of doubt.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL CASE NO. 44 OF 2007
REPUBLIC
VERSUS
MUTUA SILA..................................................ACCUSED
J U D G M E N T
1. The Accused, Mutua Sila, was charged with the offence of murder contrary to section 203 and 204 of the Penal Code.
The particulars of the offence being that on the 27th day of July 2007 at around 7. 00 p.m. at Kamumbuni Village, Mulundi Sub-location in Kitui District of the Eastern Province, murdered Boniface Kimanzi.
2. In support of their case, the prosecution called a total of eight witnesses. The prosecution case is that the Accused and the deceased were at a party where they drunk traditional liquor. A quarrel ensued while they were on their way home at about 7. 00 p.m. The Accused and the deceased then started fighting. PW1 Munywoki Mwaniki and PW3 Kimwele Kungu who were with them tried to intervene. The Accused and the deceased who were exchanging punches fell into a ditch.
3. The deceased who was staggering was escorted by PW1 and the Accused to a nearby home and lay under a tree at the home of PW4 Maria Mwinzi. Shortly thereafter it was discovered that the deceased had passed away. The matter was reported to the authorities. The Accused was arrested and after investigations he was charged with the offence herein.
4. In his defence, the Accused denied having caused the death of the deceased. According to the Accused, he was questioned by youth wingers who he informed that he had left the deceased at the party. The Accused stated that he was arrested and remained in police custody for two weeks during which time the police officers tried to extract a bribe of Kshs.20,000/= from him that the Accused failed to raise the said amount and he ended up in court.
5. The evidence of PW1 and PW2 regarding the fight between the Accused and the deceased is corroborative. That evidence is further corroborated by the evidence of PW2 Annah Kang’waa who also witnessed the fight.
6. The evidence of the report and the investigations carried out is reflected in the evidence of Assistant Chief, PW5 Tito Ndung’u and the Investigation Officer, PW8 C.I. Anold Etyang. The postmortem report which was produced by the Investigating Officer without the objections from the defence reflected the cause of death as “CPA 20 INTERNAL ABDOMINAL INJURY DUE TO RUPTURED SPLEEN. ALSO HEMOTHORAX PRESENT.”
7. The Accused has denied having fought with the deceased. However, from the evidence of the prosecution witnesses analyzed above, I have no doubt that the Accused and the deceased fought and fell into a ditch and the deceased passed away the same evening. It is also clear from the postmortem report that the cause of death was internal injuries. According to the eye witnesses, the Accused and the deceased fought using their fists. Thus the injuries sustained by the deceased could either be due to the punches or due to the fall. However, the Accused does not seem to have premeditated to cause the death of the deceased. Indeed it is not possible to tell who was to blame between the Accused and the deceased for the fight and the resultant death.
8. With the foregoing, I give the Accused the benefit of doubt and acquit him.
……………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 30thday of October 2014.
…………………………
B. THURANIRA JADEN
JUDGE