[2015] KEHC 1666 (KLR)
The court found that the prosecution's evidence, including eyewitness testimony placing both accused at the scene and observing accused 1 inflicting harm on the deceased, together with medical evidence confirming the cause of death, was sufficient to establish a prima facie case of murder against both accused....
Source-derived case information.
- Citation
- [2015] KEHC 1666 (KLR)
- Parties
- Applicant: Republic; Defendant: Salim Nguthu Mulwa; Defendant: Mathew Makau Munyithya
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 64 of 2015
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Have a Case to Answer Under Section 306(2) of the Criminal Procedure Code
- Outcome
- Accused persons found to have a case to answer and ordered to defend themselves.
- Judges
- LN Mutende
- Legal Topics
- Murder, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Salim Nguthu Mulwa
Defendant
Mathew Makau Munyithya
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Have a Case to Answer Under Section 306(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the prosecution has established a prima facie case requiring the accused persons to be put on their defence for the offence of murder.
- 2 Whether the evidence places the accused at the scene and links them to the death of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, including eyewitness testimony placing both accused at the scene and observing accused 1 inflicting harm on the deceased, together with medical evidence confirming the cause of death, was sufficient to establish a prima facie case of murder against both accused. Accordingly, the accused are required to be put on their defence in accordance with Section 306(2) of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and ordered to defend themselves.
Orders
- The accused persons are required to defend themselves pursuant to Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
17 paragraphs
KTI.NO.17/2015
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
CRIMINAL CASE NO. 64 OF 2015
REPUBLIC……………………………………………..……..PROSECUTOR
VERSUS
SALIM NGUTHU MULWA…………………………………..1ST ACCUSED
MATHEW MAKAU MUNYITHYA………………………….2ND ACCUSED
R U L I N G
Salim Nguthu Mulwaand Mathew Makau Munyithyahereinafter “the Accused 1” and “Accused 2” respectively are charged with the offence of Murder contrary to Section 203as read with Section 204of the Penal Code. Particulars of the offence are that on the 24thday of March, 2012at Kyambusya Village,within Kyambusya Sub-location, Kalima Locationin Matinyani Districtwithin Kitui County,jointly murdered Rose Muteti(deceased).
The case as presented by the prosecution is that people who live near Kayo Riverwere woken up at about 5. 00 a.m. by screams. Some of them including PW1 Ambrose Ngala Mabinduand PW2 Ekendu Mabinduanswered the call of distress. They found accused 1 and accused 2 at the scene at Kayo River Bed.The deceased was lying at the river bed having sustained a deep cut on her right leg. Accused 1 was there armed with a catapult while accused 2 had a wooden club. Accused 1 was found in the act of hitting her with a stone as the deceased begged for forgiveness. All over sudden she stopped responding.
The administrators and ultimately the police were called. The body was later moved to Kitui District Hospital. An autopsy carried out on the body revealed that she died of massive haemorrhage secondary to severed popliteal artery. This was proof of death.
The accused persons having been placed at the scene of the incident where the deceased was found dead, is sufficient evidence requiring them to defend themselves pursuant to the provisions of Section 306 (2)of the Criminal Procedure Code.
It is so ordered.
Dated, Signed and Deliveredat Kitui this 21stday of October,2015
L. N. MUTENDE
JUDGE