[2016] KEHC 4852 (KLR)
The court found that there was absolutely no evidence implicating the accused persons in the murder of the deceased. None of the prosecution witnesses identified the accused as having committed the offence, and the only reference to a confession by the 1st accused was vague and did not disclose the nature of the...
Source-derived case information.
- Citation
- [2016] KEHC 4852 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Wekesa Muchuma; Defendant: Brighton Kinuthia alias Collins alias Collo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2013
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
- Outcome
- acquittal at close of prosecution case (no case to answer)
- Legal Topics
- Murder, Prima Facie Case, Acquittal, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Wekesa Muchuma
Defendant
Brighton Kinuthia alias Collins alias Collo
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer at Close of Prosecution Case
Legal Issues
- 1 Whether the prosecution established a prima facie case against the accused persons to warrant their being placed on their defence.
- 2 Whether there is any evidence connecting the accused persons to the offence of murder.
Ratio Decidendi
The court found that there was absolutely no evidence implicating the accused persons in the murder of the deceased. None of the prosecution witnesses identified the accused as having committed the offence, and the only reference to a confession by the 1st accused was vague and did not disclose the nature of the confession. The court held that the prosecution failed to establish a prima facie case against the accused persons, as there was no evidence connecting them to the offence. Consequently, the court acquitted both accused persons under section 306(1) of the Criminal Procedure Code and ordered their immediate release from custody unless otherwise lawfully held.
Court Disposition
acquittal at close of prosecution case (no case to answer)
Orders
- Each accused is acquitted of the offence of murder as charged.
- The accused persons are to be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 40 OF 2013
REPUBLIC………………………………………....…………………PROSECUTOR
VERSUS
SIMON WEKESA MUCHUMA………………………....……………1ST ACCUSED
BRIGHTON KINUTHIA alias COLLINS alias COLLO…………..2ND ACCUSED
RULING
Simon Wekesa Muchuma, 1st accused and Brighton Kinuthia alias Collins alias Collo, 2nd accused, are charged jointly with others not before the court with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge read that on the 20th day of February 2013 at Kayole Estate within Nairobi County jointly with others not before the court murdered Moses Misiko Maiko. Each accused denied the charge.
In support of its case the prosecution called seven witnesses: Olga Akinyi Okongo, PW1, (Akinyi) who was the wife of the deceased; Geoffrey Misita Maiko, PW2, (Geoffrey) brother to the deceased; SGT Gideon Ngethe, PW3 (SGT Ngethe); CPL Mwangi Kamau, PW4 (CPL Mwangi); Dr. Joseph Maundu, PW5 (Dr. Maundu); PC Joseph Kipsang, PW6 (PC Kipsang) and Dr. Peter Muriuki Ndegwa, PW7 (Dr. Ndegwa). The prosecution has closed its case and it is upon this court to analyze the evidence of the seven prosecution witnesses and determine whether it establishes a prima facie case against the accused persons to warrant their being placed on their defence.
According to Dr. Ndegwa, who examined the body of the deceased on 27th February 2013, the deceased died as a result of exsanguination due to multiple stab wounds. The body had penetrating stab wound on the left anterior chest wall, penetrating stab wound at the end of the ribcage, penetrating stab wound under the left armpit, penetrating stab wound on the left side below the ribcage, the lungs were perforated and blood had accumulated on both chest cavities. The heart been stabbed and there was blood in the pericardial sac.
Dr. Maundu examined both the accused persons on 20th March 2013 and found them fit to stand trial. PC Kipsang took photographs at the scene of the murder. CPL Mwangi visited the scene of crime with the scenes of crime personnel and found the body of the deceased lying beside a trench. He did not know who had killed the deceased. SGT Ngethe received a call about a body lying near Kayole Hospital. He went to the scene and observed the body of the deceased. SGT Ngethe told the court that on 7th March 2013 two young men had snatched a phone from someone at Kayole and were taken to the police by members of public. One of the two was identified as the 1st accused. He said he wanted to confess. The nature of his confession was not disclosed. SGT Ngethe said no one identified the accused persons or any of them as having killed the deceased in this case.
Geoffrey and Akinyi also got information about the death of the deceased after it had happened. None of them identified any of the accused as having killed the deceased. Akinyi told the court that her husband left home at 5. 00am on 20th February 2013 to go to work. She told the court that she was informed by neighbours of the death of her husband around 7. 00am same morning.
Does this evidence establish a prima facie case against the accused persons or any of them? There is absolutely no evidence implicating them. Safe for SGT Ngethe who introduced evidence that the 1st accused confessed without saying what he confessed to, there is no iota of evidence against the two accused persons before me or any of them. The case against the accused persons at the close of the prosecution case is not one in which this court properly directing its mind to the law and evidence could convict if no explanation is offered by the defence. It falls far short of the expectations of a criminal trial.
With no evidence connecting the accused persons or any of them with this offence I have no alternative but to find that the Simon Wekesa Muchuma and Brighton Kinuthia alias Collins alias Collo have no case to answer. Consequently, I hereby acquit each of them of the offence of murder as charged and order their immediate release from custody unless for any lawful reason they are so held. Orders shall issue accordingly.
Dated, signed and delivered in open court this 5th day of May 2016.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Macharia for the prosecution
Mrs. Kinyori for the 1st accused
Mrs. Gulenywa for the 2nd accused
Mr. Simon Wekesa Muchuma, 1st accused
Mr. Brighton Kinuthia alias Collins alias Collo, 2nd accused
Mr. Daniel Ngumbi, court clerk