[2011] KEHC 3995 (KLR)
The court found that the prosecution failed to present any evidence demonstrating how the deceased met her death, the circumstances of the death, or who caused it. The only evidence adduced was from the arresting officer and the accused's sister, neither of whom provided any information linking the accused to the...
Source-derived case information.
- Citation
- [2011] KEHC 3995 (KLR)
- Parties
- Applicant: Republic; Defendant: Simion Murerwa Igweta
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2006
- Procedural Posture
- Criminal Trial / Ruling on No Case to Answer
- Outcome
- acquittal at no case to answer stage
- Judges
- AM Cockar
- Legal Topics
- Murder Charge, Standard of Proof, Prima Facie Case, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simion Murerwa Igweta
Defendant
Procedural Posture
Criminal Trial / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused to require him to be put on his defence.
- 2 Whether there was sufficient evidence linking the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution failed to present any evidence demonstrating how the deceased met her death, the circumstances of the death, or who caused it. The only evidence adduced was from the arresting officer and the accused's sister, neither of whom provided any information linking the accused to the murder. The court held that the prosecution had not established a prima facie case against the accused to warrant putting him on his defence. As a result, the accused was acquitted under section 306 of the Criminal Procedure Code.
Court Disposition
acquittal at no case to answer stage
Orders
- The accused is acquitted under section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCCR NO. 24 OF 2006
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
SIMION MURERWA IGWETA................................................................ACCUSED
LESIIT J.
RULING
The accused is charged with murder contrary to section 203 as read with s.204 of the Penal Code. It is alleged that on 5th March 2006 at Kacibi village Makandune Location in Meru Central District murdered Everline Kaimuri Kabiti.
The prosecution called 2 witnesses, the arresting officer and a sister of the accused. The onus is on the prosecution to prove the charge against the accused on the required standard of proof beyond any reasonable doubts.
Evidence was merely that of re-arresting the accused at the prison where he was escorted by members of public one day after the incident.
The prosecution relied on the evidence of PW2 Charity Felix a sister of the accused. Her testimony was that she had spent the day with the deceased the wife of the accused. That at 6 pm they met the accused who insisted he wanted to be shown some land which the deceased brother who was Charity’s husband was giving to them to utilize. Charity said that she parted with them outside a bar because both accused and deceased said they wanted to join for a drink. PW2 said she received the news of deceased death later on. PW2 denied knowing anything about the death of the deceased or the circumstances which led to that death.
Having considered this evidence it is clear to me that the prosecution has no evidence demonstrating how the deceased met her death, the circumstances of the death or who caused it. The court has been left to speculate how the accused is connected to the charge.
I find that the prosecution has failed to establish a prima facie case against the accused to warrant this court placing him on his defence. Consequently I acquit the accused at this stage under section 306 of CPC.
Dated Signed and delivered at Meru this 17th day of February 2011
LESIIT, J
JUDGE