[2004] KEHC 1222 (KLR)
The court found that the prosecution failed to establish a prima facie case against the accused for the offence of murder. Only three prosecution witnesses testified, and their evidence did not link the accused to the murder of Pacifica Kwamboka Manani. The prosecution was unable to secure further witnesses despite...
Source-derived case information.
- Citation
- [2004] KEHC 1222 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Mbathu Muturi alias Peter Mbage Muturi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2004
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Acquittal, Standard of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Mbathu Muturi alias Peter Mbage Muturi
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 for the offence of murder.
- 2 Whether the evidence on record 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 for the offence of murder. Only three prosecution witnesses testified, and their evidence did not link the accused to the murder of Pacifica Kwamboka Manani. The prosecution was unable to secure further witnesses despite multiple retrials and opportunities provided by the court. As a result, the court held that there was no evidence upon which the accused could be called upon to make a defence. Accordingly, the accused was acquitted under Section 306 of the Criminal Procedure Code Cap.75.
Court Disposition
acquittal
Orders
- The accused is acquitted under Section 306 of the Criminal Procedure Code Cap.75.
- The accused shall be released forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION CRIMINAL CASE NO.28 OF 2004REPUBLIC …………………………………… PROSECUTOR VERSUS PETER MBATHU MUTURI alias PETER MBAGE MUTURI …………………… ACCUSED RULING The accused in this case is charged that on 8th August, 1999 at Farmer’s Corner Limuru Township in Kiambu District, he murdered one Pacifica Kwamboka Manani.
This trial was the fourth retrial since the date of the arrest and charge of the Accused person in August, 1999.
The prosecution had problems with the trial due to unavailability of the witnesses and despite latitude given, under the circumstances of the case, the prosecution had to conclude the prosecution case after only three prosecution witnesses had testified.
From the evidence on record, which I have considered closely, I am satisfied that there is no evidence that the accused Peter Mbathu Muturi has committed the offence of murder of Pacifica Kwamboka and find the Accused person not guilty of the charge of murder as leveled against him and acquit him under Section 306 of the Criminal Procedure code Cap.75.
I thus direct that he be released forthwith unless otherwise held by law.
Dated at Nairobi this 26th day of October, 2004.
K.H. RAWAL JUDGE