[2025] KEHC 3972 (KLR)
The court found that the prosecution failed to adduce any direct or circumstantial evidence linking the 2nd accused to the offence of murder. The only mention of the 2nd accused was by the investigating officer, which was insufficient to establish a prima facie case. Consequently, the 2nd accused was acquitted under...
Source-derived case information.
- Citation
- [2025] KEHC 3972 (KLR)
- Parties
- Applicant: Republic; Defendant: Naomi Njeri Muya; Defendant: Allan Muya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2017
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- Partial acquittal; 2nd accused acquitted, 1st accused to be put on defence.
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Circumstantial Evidence, Acquittal, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Naomi Njeri Muya
Defendant
Allan Muya
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being put on their defence.
- 2 Whether the circumstantial evidence adduced was sufficient to link the accused persons to the offence of murder.
- 3 Whether the 2nd accused should be acquitted under section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the prosecution failed to adduce any direct or circumstantial evidence linking the 2nd accused to the offence of murder. The only mention of the 2nd accused was by the investigating officer, which was insufficient to establish a prima facie case. Consequently, the 2nd accused was acquitted under section 306(1) of the Criminal Procedure Code. However, the court found that a prima facie case had been established against the 1st accused based on the evidence presented, particularly the post mortem findings and the circumstances surrounding the death. The 1st accused was therefore placed on her defence under section 306(2) of the Criminal Procedure Code.
Court Disposition
Partial acquittal; 2nd accused acquitted, 1st accused to be put on defence.
Orders
- The 2nd accused is acquitted under section 306(1) of the Criminal Procedure Code and should be released unless otherwise lawfully held under a separate warrant.
- The 1st accused is found to have a prima facie case established against her and is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Muya & another (Criminal Case 54 of 2017) [2025] KEHC 3972 (KLR) (26 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3972 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 54 of 2017
HI Ong'udi, J
March 26, 2025
Between
Republic
Prosecutor
and
Naomi Njeri Muya
1st Accused
Allan Muya
2nd Accused
Ruling
1. Naomi Njeri Muya and Allan Muya hereinafter referred to as the 1st and 2nd accused are jointly charged with the offence of murder contrary to section 203 as read with section 204 of the penal code. Both accused denied the charge and the matter proceeded to full hearing with the prosecution calling a total of seven (7) witnesses.
2. PW7 Dr. Titus Ngulungu who conducted the post mortem found the cause of death to be head injury caused by haematoma to the head. The skull was also swollen. The report was produced as EXB1. This death was not a natural one.
3. It is noted that no eye witness testified in this case. What is before the court is therefore circumstantial evidence. The 2nd accused was only mentioned by the investigating officer without real concrete evidence.
4. Upon evaluating the evidence on record plus the submissions by both parties, I make the following findings:i.There is no evidence showing the role the 2nd accused played in this matter. He is acquitted under section 306(1) of the Criminal Procedure Code and should be released unless otherwise lawfully held under a separate warrantii.On the other hand, I find a prima facie case established against the 1st accused who I hereby place on her defence under section 306(2) of the Criminal Procedure Code.
5. Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 26TH DAY OF MARCH, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE