[2017] KEHC 5460 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused. Only one witness was called, and no medical evidence or post-mortem report was produced to prove the cause of death. The evidence adduced was insufficient to sustain the charge of murder or to require the accused to be...
Source-derived case information.
- Citation
- [2017] KEHC 5460 (KLR)
- Parties
- Respondent: Republic; Defendant: Peter Macharia Karanja
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2013
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- acquittal
- Judges
- JV Juma
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Macharia Karanja
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused for the charge of murder.
- 2 Whether the evidence adduced was sufficient to require the accused to be put on his defence.
Ratio Decidendi
The court found that the prosecution failed to establish a prima facie case against the accused. Only one witness was called, and no medical evidence or post-mortem report was produced to prove the cause of death. The evidence adduced was insufficient to sustain the charge of murder or to require the accused to be put on his defence. Consequently, the accused was acquitted under the law for lack of evidence.
Court Disposition
acquittal
Orders
- The accused is acquitted of the charge of murder.
- The accused is to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO. 73 OF 2013
REPUBLIC................................................PROSECUTOR
VERSUS
PETER MACHARIA KARANJA......................ACCUSED
JUDGMENT
The accused PETER MACHARIA KARANJA faces a charge of MURDER CONTRARY TO SECTION 203 as read with SECTION 204 OF THE PENAL CODE. The particulars of the charge were that
“Between 21st and 22nd July, 2013 at Kabati Estate in Naivasha Municipality of Nakuru County, murdered Jacinta Muthoni Kihiu”.
The accused pleaded ‘Not Guilty’ to the charge.
The accused was first arraigned before the High Court at Nakuru on 1st August 2013. His trial did not commence until 19th May, 2015 when one witness LUCY WAIRIMU KIHIU testified.
Thereafter the prosecution did not avail any other prosecution witness. On 19/11/2016 the court gave a final adjournment. On the next hearing date of 15/12/2016 no prosecution witness was availed and the prosecution had no option but to close their case.
It goes without saying that no prima facie case has been established. The calling of a single witness would hardly suffice to prove so serious a charge as murder. No doctor testified on the cause of death. No post-mortem report was produced. The prosecution case fell way short of proving a ‘prima facie’ case. I enter a verdict of ‘Not Guilty’ and I acquit the accused of this charge of murder. The accused is to be set at liberty forthwith unless he is otherwise lawfully held.
Dated and Delivered in Nakuru this 10th day of February, 2017.
Mr. Khatiri for Accused
Mr. Chigiti for State
Maureen A. Odero
Judge