[2015] KEHC 1967 (KLR)
The court found that the prosecution's evidence, including the testimony of eleven witnesses and the circumstances surrounding the deceased's disappearance and subsequent discovery of her body, was sufficient to establish a prima facie case against the accused. The court was satisfied that the evidence, if...
Source-derived case information.
- Citation
- [2015] KEHC 1967 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Odero Nguka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 58 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defence
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Odero Nguka
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to require him to be placed on his defence.
- 2 Whether the evidence adduced links the accused to the murder of Maureen Akinyi Nguka.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of eleven witnesses and the circumstances surrounding the deceased's disappearance and subsequent discovery of her body, was sufficient to establish a prima facie case against the accused. The court was satisfied that the evidence, if unchallenged, could potentially sustain a conviction. Therefore, the accused was placed on his defence in accordance with section 306(2) of the Criminal Procedure Code, and informed of his rights regarding the manner of his defence and the calling of witnesses.
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
- The accused is informed of his right to address the court as to the manner of his defence and whether he wishes to call any witnesses.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 58 OF 2013
REPUBLIC……………………………………………PROSECUTOR
VERSUS
PAUL ODERO NGUKA……………………………………ACCUSED
RULING
Paul Odero Nguka, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. The particulars of the charge read that on 6th January 2008 at Maalek Hotel and Lodging Githurai 45 in Nairobi County murdered Maureen Akinyi Nguka. The accused was arraigned in court on 28th May 2013 and the plea taken on 4th June 2013. He denied committing this offence. The accused is represented by Mr. Olando.
The prosecution called a total of 11 witnesses. Three of them testified before Honourable Lady Justice Florence Muchemi while eight witnesses testified before me after I took over the proceedings in this case upon the transfer of Justice Muchemi to another station.
At this stage of the trial, this court is required to examine all the evidence and make a finding whether it establishes a prima facie case requiring this court to place the accused on his defence. Briefly the case for the prosecution is that the accused and the deceased were man and wife. They had separated and the deceased was living in Eldoret with Judith Anyango Odhiambo, PW1, who is deceased’s sister. There was a case against the accused instituted by FIDA Kenya on behalf of the deceased. The case involved a missing child of the couple and PW1 told the court that the accused had promised to show the deceased where their daughter was. The deceased is said to have left Eldoret on 7th December 2007 to Nairobi to live with the accused after reconciling. At the time the accused was stationed at Kahawa Barracks.
PW1 lost communication with the deceased on 6th January 2008. After all the efforts to contact her sister failed, PW1 travelled to Nairobi on 11th February 2008. Again, her efforts to meet the accused or to find her sister failed.
Evidence shows that the body of the deceased was found in Room 213 of Maleek Hotel and Lodging in Githurai 45 on the morning of 7th January 2008. It was later identified as that of the deceased. The accused was arrested on 24th May 2013 in connection with this case and charged.
I have considered all the evidence of the eleven prosecution witnesses. I am persuaded that a prima facie case has been made out against the accused person. Consequently, I will place the accused person on his defence. Under section 306 (2) of the Criminal Procedure Code he is hereby informed of his right to address this court as to the manner he wishes to defend himself and whether he wishes to call any witnesses in his defence. I make orders accordingly.
Dated, signed and delivered this 22nd day of July 2015.
S. N. MUTUKU
JUDGE