[2014] KEHC 2106 (KLR)
The court found that the prosecution had adduced sufficient evidence through eyewitness testimony and medical evidence to establish a prima facie case against the accused persons. The evidence placed the accused at the scene of the crime and established the cause of death as severe head injuries consistent with...
Source-derived case information.
- Citation
- [2014] KEHC 2106 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Adongo Achola; Defendant: Cornelius Ombogi Nyabera
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
- Outcome
- Accused persons found to have a case to answer and required to make their 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
Samuel Adongo Achola
Defendant
Cornelius Ombogi Nyabera
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant their being put on their defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution had adduced sufficient evidence through eyewitness testimony and medical evidence to establish a prima facie case against the accused persons. The evidence placed the accused at the scene of the crime and established the cause of death as severe head injuries consistent with assault. Consequently, the court held that the accused persons had a case to answer and should be put on their defence in accordance with Section 306 of the Criminal Procedure Code.
Court Disposition
Accused persons found to have a case to answer and required to make their defence.
Orders
- The accused, Samuel Adongo Achola and Cornelius Ombogi Nyabera, are found to have a case to answer and are required to make their defence as per Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.25 OF 2012
REPUBLIC…………………………………………………….PROSECUTOR
VERSUS
SAMUEL ADONGO ACHOLA ………………………………1ST ACCUSED
CORNELIUS OMBOGI NYABERA…..…………………….2ND ACCUSED
RULING
The accused, Samuel Adongo Achola andCornelius Ombogi Nyabera (1st and 2nd accused respectively) are charged with murder contrary to section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that on 1st April, 2012 at Kayole EstateinNairobi Eastwithin Nairobi ProvincemurderedJohn Mwangi.They denied the charge when arraigned in court on 13th April 2012 and were remanded in custody.
The prosecution has called a total of 6 witnesses. At the close of the prosecution’s case, both the prosecution counsel and defence counsel filed written submissions which they subsequently highlighted.
I have carefully analyzed the evidence now on record. I have also considered the submissions referred to above. The eye witness account of PW1 and PW2 places the accused at the scene. The evidence of PW4 shows that the accused died of severe head injuries caused by blunt force trauma consistent with assault. It is my finding that the prosecution has established a prima facie case to warrant putting the accused on their defence. I find Samuel Adongo Achola andCornelius Ombogi Nyabera have a case to answer. I require them to make their defence as per Section 306 of the Criminal Procedure Code.
Ruling deliveredanddatedat Nairobi this 7thday of August, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………..: Court clerk
…………………………….. : 1st Accused
……………………………… 2nd Accused
……………………………..: For 1st Accused
……………………………..: For 2nd Accused
……………………………..: For the State