[2019] KEHC 5027 (KLR)
The court found that the prosecution had established the fact and cause of death through the postmortem evidence and that the accused persons were sufficiently linked to the incident by the prosecution witnesses. Given the circumstances, including the accused persons' surrender to the police after the altercation,...
Source-derived case information.
- Citation
- [2019] KEHC 5027 (KLR)
- Parties
- Applicant: Republic; Defendant: Rhoda Nduti Mbuvi; Defendant: David Nzuki; Defendant: Kioko Nzuki
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- Accused persons found to have a case to answer and are called upon to give their defence.
- Judges
- LN Mutende
- Legal Topics
- Murder, Case to Answer, Burden of Proof, Postmortem Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rhoda Nduti Mbuvi
Defendant
David Nzuki
Defendant
Kioko Nzuki
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case to warrant the accused persons to be put on their defence for the offence of murder.
- 2 Whether the evidence adduced proves the fact and cause of death of the deceased.
Ratio Decidendi
The court found that the prosecution had established the fact and cause of death through the postmortem evidence and that the accused persons were sufficiently linked to the incident by the prosecution witnesses. Given the circumstances, including the accused persons' surrender to the police after the altercation, the court held that a prima facie case had been made out against the accused. Consequently, the accused were called upon to give an explanation in their defence as required by law under Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and are called upon to give their defence.
Orders
- The accused persons are called upon to give an explanation pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 28 OF 2016
REPUBLIC.......................................................................PROSECUTOR
VERSUS
RHODA NDUTI MBUVI.................................................1ST ACCUSED
DAVID NZUKI.................................................................2ND ACCUSED
KIOKO NZUKI................................................................3RD ACCUSED
R U L I N G
1. Rhoda Nduti Mbuvi(1st Accused), David Nzuki(2nd Accused) and Kioko Nzuki(3rd Accused) are charged with the offence of Murdercontrary to Section 203as read with 204of the Penal Code (Cap 63), Laws of Kenya.Particulars of the offence are that on the 1stday of December, 2016at around 1100hrsat Kangondi Locationin Kitui West Sub-Countywithin Kitui Countymurdered Mwalimu Nzuki(Deceased).
2. Facts of the case are that the Deceased was assaulted. He sustained injuries that he subsequently succumbed to. The Accused persons surrendered to the police, were arrested and subsequently charged.
3. At the close of the Prosecution’s case, the fact of death was proved by evidence of a postmortem report that was adduced in evidence by PW6 Doctor Edward Kiatuwho opined that the cause of death was severe head injury and issued Certificate of Death No. 0987482.
4. This is a case where it was stated by Prosecution witnesses that after the altercation, the Accused surrendered to the police. It therefore behooves them to render an explanation as to what transpired. In the result, I call upon them to give the explanation pursuant to the provisions of Section 306(2)of the Criminal Procedure Code.
5. It is so ordered.
Dated, Signed and Delivered at Kitui this 24th day of July, 2019.
L. N. MUTENDE
JUDGE