[2018] KEHC 7635 (KLR)
The court found that the prosecution's evidence, including the discovery of the deceased's body, the blood trail leading to the accused's house, the accused's refusal to open the door, and the recovery of blood-stained weapons from the accused's premises, collectively established a prima facie case against the...
Source-derived case information.
- Citation
- [2018] KEHC 7635 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Mwandiki Cyprian
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 86 of 2013
- Procedural Posture
- Criminal Case / Ruling on Whether Accused Has a Case to Answer
- Outcome
- accused found to have a case to answer; ordered to be placed on his defence
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Mwandiki Cyprian
Defendant
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer
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.
Ratio Decidendi
The court found that the prosecution's evidence, including the discovery of the deceased's body, the blood trail leading to the accused's house, the accused's refusal to open the door, and the recovery of blood-stained weapons from the accused's premises, collectively established a prima facie case against the accused. This evidence was deemed sufficient to require the accused to be placed on his defence, as it linked him to the offence of murder and met the threshold required at this stage of the proceedings. The court therefore ruled that the accused has a case to answer and should be called upon to present his defence.
Court Disposition
accused found to have a case to answer; ordered to be placed on his defence
Orders
- The accused is found to have a case to answer and is hereby placed on his defence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 86 OF 2013.
REPUBLIC ........................................................PROSECUTOR
VS
SAMUEL MWANDIKI CYPRIAN...........................ACCUSED
RULING
The accused Samuel Mwandiki Cyprian was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 23 Laws of Kenya.
Particulars are that Samuel Mwandiki Cyprian on the 5th day of October 2013 about 3. 30 a.m at Taita Village in Imenti South Sub county within Meru County murdered Isaya Bundi Cyprian.
From the evidence of prosecution witnesses this court is determine whether the prosecution has proved its case to the required standard to warrant accused being placed defence.
PW1 heard screams outside her house according to PW4 – 15 metres away and when she got out and approached scene she found the deceased her son lying dead on the ground. She woke up her 2 grandsons together with PW2 – Moses Muterithia who stayed with them and on confirming the deceased was dead they went to report at Nkubu police station.
Police came and collected the body and before leaving searched the house and were led by blood trail stains to the accused persons house. The accused refused to open and the door was broken into and he was arrested and panga and twisted metal rod both of which had blood stains were recovered hidden under the bed.
The exhibits were recovered and taken to the police station together with accused. This evidence of the prosecution raises a prima facie case sufficient to place accused person on defence. He has a case to answer.
HON. A.ONG’INJO
JUDGE
RULING, DELIVERED, DATED AND SIGNED IN COURT IN
22nd FEBRUARY 2018.
In the presence of:
C/A:
Accused: Present in person
State: Mrs Mwathi for state.
MS Muna Advocate holding brief for Nyenyire Advocate for accused.
HON. A.ONG’INJO
JUDGE