[2019] KEHC 3341 (KLR)
The court found that the prosecution failed to adduce any direct or circumstantial evidence linking the 2nd Accused, Musa Eregei Echau, to the offence of murder. None of the witnesses, except for PW3, mentioned him, and his involvement was not established. Consequently, under Section 210 of the Criminal Procedure...
Source-derived case information.
- Citation
- [2019] KEHC 3341 (KLR)
- Parties
- Applicant: Republic; Defendant: Samson Kamau Njoroge; Defendant: Musa Eregei Echau
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2012
- Procedural Posture
- Criminal Case / Ruling on Whether Accused to Be Put on Defence After Prosecution Case
- Outcome
- 2nd Accused acquitted at close of prosecution case; 1st Accused to be put on his defence.
- Judges
- HK Chemitei
- 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
Samson Kamau Njoroge
Defendant
Musa Eregei Echau
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused to Be Put on Defence After Prosecution Case
Legal Issues
- 1 Whether a prima facie case has been established against each accused to warrant being put on their defence.
- 2 Whether there is sufficient evidence linking each accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution failed to adduce any direct or circumstantial evidence linking the 2nd Accused, Musa Eregei Echau, to the offence of murder. None of the witnesses, except for PW3, mentioned him, and his involvement was not established. Consequently, under Section 210 of the Criminal Procedure Code, he was acquitted at this stage. In contrast, the 1st Accused, Samson Kamau Njoroge, was repeatedly mentioned by witnesses, and his actions were central to the prosecution's case. The court held that a prima facie case had been established against him, warranting that he be put on his defence under Section 211 of the Criminal Procedure Code.
Court Disposition
2nd Accused acquitted at close of prosecution case; 1st Accused to be put on his defence.
Orders
- Musa Eregei Echau (2nd Accused) is acquitted under Section 210 of the Criminal Procedure Code and set at liberty unless otherwise lawfully held.
- Samson Kamau Njoroge (1st Accused) is to be placed on his defence under Section 211 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
CRIMINAL CASE NO. 21 OF 2012
REPUBLIC ................................................................................PROSECUTOR
VERSES
SAMSON KAMAU NJOROGE................................................1ST ACCUSED
MUSA EREGEI ECHAU...........................................................2ND ACCUSED
RULING
1. The Accused persons were charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the charge was that on the night of 9th and 10th May, 2012 at Naisambu area within Trans Nzoia county murdered ALICE WANGUI KAMAU.
2. They both denied the charge and the prosecution called a total of 6 witnesses to prove its case. The court has perused the evidence on record and at this juncture its required to determine whether in the light of the evidence on record the accused persons should be placed on their defences.
3. It must be understood that although both have been charged with same count, each one is supposed to be independently convicted or set free.
4. Having heard the parties so far the court is satisfied that save for PW3 there was no evidence direct or circumstantial linking the 2nd Accused to the offence. He was neither mentioned by the witnesses, either the professional or the ordinary witnesses.
5. The same was not the case for the 1st Accused whose names and actions featured prominently all through.
6. For the foregoing reasons, I do find that a prima facie case has been established against the 1st Accused person under the provisions of Section 211 of the Criminal Procedure Code. Let him be placed on his defence.
7. The second accused Musa Eregei Echau is set free unless lawfully held pursuant to the provisions of section 210 of the Criminal Procedure Code.
Dated, signed and delivered in open court at Kitale this 23rd day of May, 2019.
__________________
H K CHEMITEI
JUDGE
23/5/19
In the presence of:
Mr Omori for State
Mr. Onyancha for 1st Accused
Holding brief for Karani for 2nd Accused
Mr. Bororio watching brief for the family
Accused 1 and 2 – present
Court Assistant – Kirong
Ruling read in open court.