[2024] KEHC 8793 (KLR)
The court found that the prosecution's evidence, including the testimony of eleven witnesses, the post-mortem report confirming death by strangulation with multiple injuries, Safaricom data, and the investigating officer's testimony, collectively established a prima facie case against the accused. Applying the legal...
Source-derived case information.
- Citation
- [2024] KEHC 8793 (KLR)
- Parties
- Applicant: Republic; Defendant: Dorcas Akinyi Siiye
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2019
- Procedural Posture
- Criminal Case / Ruling on Case to Answer (section 306(2) Cpc)
- Outcome
- accused placed on her defence
- Judges
- K Kimondo
- 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
Dorcas Akinyi Siiye
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer (section 306(2) Cpc)
Legal Issues
- 1 Whether the prosecution has established a prima facie case to require the accused to be put on her defence for the charge of murder.
Ratio Decidendi
The court found that the prosecution's evidence, including the testimony of eleven witnesses, the post-mortem report confirming death by strangulation with multiple injuries, Safaricom data, and the investigating officer's testimony, collectively established a prima facie case against the accused. Applying the legal standard from Bhatt v Republic and R v Kipkering arap Koske, the court held that the evidence was sufficient to require the accused to be put on her defence under section 306(2) of the Criminal Procedure Code. The court emphasized that the accused remains presumed innocent at this stage and that the inquiry is limited to whether a rebuttal is required, not a full evaluation of...
Court Disposition
accused placed on her defence
Orders
- The accused is placed on her defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Siiye (Criminal Case 54 of 2019) [2024] KEHC 8793 (KLR) (23 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8793 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Case 54 of 2019
K Kimondo, J
July 23, 2024
Between
Republic
Prosecution
and
Dorcas Akinyi Siiye
Accused
Ruling
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The Director of Public Prosecutions informs the High Court that on the 2nd September 2018 at Huruma in Starehe Sub-County within Nairobi County the accused murdered Solomon Makau Kaali.
3. She pleaded not guilty. The prosecution lined up eleven witnesses. I am now called upon to determine whether that corpus of evidence is sufficient to place the accused on her defence.
4. The Republic also relies on written submissions dated 3rd June 2024. The defence on the other hand opted not to lodge any submissions.
5. According to learned counsel for the Republic, Ms. Peris Maina, there is sufficient circumstantial evidence linking the accused to the homicide; and, that on the totality of the evidence, the accused has a case to answer.
6. My finding is as follows. It bears repeating that the accused is still deemed innocent at this stage. Furthermore, the inquiry at this juncture is merely to establish if a prima facie case has been made out requiring a rebuttal from the accused.
7. From the combined evidence of PW1, PW4, PW5, PW6, PW9 and PW10, the death of the deceased is no longer in doubt. The post-mortem report by the pathologist, Dr. Kiatu, (exhibit 2) which was produced in evidence by his colleague Dr. Kitheka Kelvin (PW9) concluded that the cause of death was “strangulation with multiple injuries (broken finger and scalp laceration)”.
8. I have also paid heed to the evidence of PW8, the Safaricom data report (exhibit 7) and the testimony by the investigating officer (PW11).
9. Applying the precedents in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another 16 EACA 135 (1949); and, upon the digest of the evidence of all the eleven witnesses, I find that the Republic has established a prima facie case against the accused.
10. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I now place the accused on her defence.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 23RD DAY OF JULY 2024. KANYI KIMONDOJUDGERuling read virtually on Microsoft Teams in the presence of-Accused.Ms. Awino holding brief for Ms. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Ms. Ajiambo for the accused.Mr. E. Ombuna, Court Assistant.