[2015] KEHC 6063 (KLR)
The court found that the prosecution, through the testimony of four witnesses including a medical expert and eyewitnesses, established a prima facie case against the accused. The evidence presented, particularly the post mortem report indicating the cause of death and the testimonies of the other witnesses, was...
Source-derived case information.
- Citation
- [2015] KEHC 6063 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Maloba Obuyi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2006
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused placed on his defence; prosecution established prima facie case.
- Judges
- AT Sitati
- 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 Maloba Obuyi
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence adduced links the accused to the offence of murder as charged.
Ratio Decidendi
The court found that the prosecution, through the testimony of four witnesses including a medical expert and eyewitnesses, established a prima facie case against the accused. The evidence presented, particularly the post mortem report indicating the cause of death and the testimonies of the other witnesses, was deemed sufficient to require the accused to be placed on his defence. The court therefore invoked section 306(2) of the Criminal Procedure Code and called upon the accused to indicate his preferred mode of defence, as the prosecution's case met the threshold for a prima facie case in a murder trial.
Court Disposition
Accused placed on his defence; prosecution established prima facie case.
Orders
- The accused is placed on his defence pursuant to section 306(2) of the Criminal Procedure Code.
- The accused to indicate which mode of defence he wishes to adopt.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL CASE NO. 38 OF 2006
[MURDER]
REPUBLIC ...................................................................... PROSECUTOR
V E R S U S
SAMUEL MALOBA OBUYI .................................................... ACCUSED
R U L I N G
1. The accused person herein Samuel Maloba Obuyi was charged alongside Lukas Obuyi Komba (now deceased) with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on the 26th day of May 2006 at Ebukame village, Ebusakami Sub-location South Bunyore Location in Vihiga District within Western Province jointly murdered PATRICK TUTI. The pair denied the charge.
2. The prosecution called 4 witnesses, among them DR. JAIRUS AMUNGAof Vihiga District Hospital who testified as PW4. He produced a post mortem report of the examination done on the body of the deceased by his senior colleague, Dr. Oyoko, Medical Officer of Health at Vihiga District Hospital in 2006. From the report, the deceased had a bruise on the left cheek and left region of the body below the ribs. The report also showed the deceased had suffered a ruptured spleen and there was blood in his abdomen. The doctor opined that the cause of death was cardio pulmonary arrest due to spleenic rupture and bleeding in the abdomen.
3. I have now carefully considered the evidence given by the other 3 prosecution witnesses, namely Leonida Okemo, PW1, Harun Tuti, PW2 and Number 230152 SP Joseph Arasa and I am satisfied that through the said evidence, the prosecution has established a prima facie case requiring the accused person to be placed on his defence. I accordingly place the accused on his defence pursuant to the provisions of section 306 (2) of the Criminal Procedure Code.
4. The accused may choose to give sworn evidence in which case he will be subjected to cross examination or give unsworn evidence if he does not wish to be cross-examined. Thirdly, the accused is at liberty to remain silent and let the court decide the case on the evidence that is before it. In each case, the accused person has the right to call witnesses.
5. I now call upon the accused person to indicate to the court which of the 3 options he wishes to adopt for his defence.
6. It is so ordered.
Ruling delivered, dated and signed in open court at Kakamega this 12th day of March 2015
RUTH N. SITATI
JUDGE
In the presence of
Mr. Oroni for State
Mr. Osango for Nandwa (present) for Accused
Mr. Juma (present) Court Assistant