[2015] KEHC 5479 (KLR)
The court found that the prosecution's evidence, including eyewitness accounts and the post mortem report indicating death by blunt trauma, was sufficient to establish a prima facie case against the accused. The accused was present during the altercation, failed to intervene, later assaulted the deceased, and the...
Source-derived case information.
- Citation
- [2015] KEHC 5479 (KLR)
- Parties
- Applicant: Republic; Defendant: Ronald Wateba Nangulu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 68 of 2011
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- Accused found to have a case to answer and ordered to enter defence.
- Judges
- CC Kipkorir
- 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
Ronald Wateba Nangulu
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being put on his defence.
- 2 Whether the evidence adduced links the accused to the murder of Asha Mwikali Musa.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness accounts and the post mortem report indicating death by blunt trauma, was sufficient to establish a prima facie case against the accused. The accused was present during the altercation, failed to intervene, later assaulted the deceased, and the deceased died as a result of injuries sustained. Accordingly, the court ruled that the accused must be put on his defence in accordance with the law.
Court Disposition
Accused found to have a case to answer and ordered to enter defence.
Orders
- The accused is required to enter into his defence in accordance with the law.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 68 OF 2011
REPUBLIC…………………………………………..PROSECUTOR
VERSUS
RONALD WATEBA NANGULU... …………………….ACCUSED
RULING
The accused, Ronald Wateba Nangulu is charged with murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 17th day of May 2004 at Pipeline EstateinEmbakasiwithinNairobi Countymurdered Asha Mwikali Musa. He denied the charge when arraigned in court on 5th December, 2011 and was remanded in custody. The prosecution then called a total of nine witnesses in the trial.
The summary of the prosecution case which has emerged from the witnesses’ testimonies is that the deceased and two others went to the accused’s home where she had an issue to sort out with the accused’s wife. They found the accused and his wife at home. The deceased and the accused’s wife began to quarrel and fight. The accused, who was present, did not intervene but when the fighting stopped, he locked them in the house and left for work. When he returned in the evening, he assaulted the deceased and her friends using a walking stick and only let them go after the intervention of the neighbours. The deceased collapsed on the way home and was assisted to get into her house where she later succumbed to her injuries. The post mortem report shows that the deceased died of multiple injuries due to blunt trauma.
Having carefully considered the evidence now on record and the submissions of respective counsel, I find that the prosecution has established a prima facie against the accused. I require him to enter into his defence in accordance with the law.
Orders accordingly.
Ruling delivered,and signed at Nairobi this 26thday of March, 2015.
R. LAGAT – KORIR
JUDGE
In the presence of:
…………………………….: Court clerk
…………………………….: Accused
…………………………….: For the accused
…………………………….: For the State