[2020] KEHC 1448 (KLR)

[2020] KEHC 1448 (KLR)

The court found that the prosecution's case was based entirely on circumstantial evidence, which did not form a continuous and unbroken chain linking the accused to the murder of the deceased. The alleged confession by the accused was not taken in accordance with the legal requirements under the Evidence Act and was...

Source-derived case information.

Citation
[2020] KEHC 1448 (KLR)
Parties
Applicant: Republic; Defendant: Smith Tama Muli
Court
High Court
Court Station
High Court at Makueni
Jurisdiction
Kenya
Judgment Date
12 November 2020
Case Number
Civil Appeal 23 of 2018
Procedural Posture
Criminal Trial / Judgment
Outcome
acquittal
Legal Topics
Murder, Circumstantial Evidence, Confession Evidence, Malice Aforethought, Burden of Proof
Source Language
english
Criminal Law Murder Circumstantial Evidence Confession Evidence Malice Aforethought Burden of Proof

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Parties

Republic

Applicant

Smith Tama Muli

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused murdered the deceased.
  2. 2 Whether the circumstantial evidence adduced irresistibly points to the accused as the perpetrator of the offence.
  3. 3 Whether the alleged confession and recovery of the deceased's phone were properly linked to the accused.

Ratio Decidendi

The court found that the prosecution's case was based entirely on circumstantial evidence, which did not form a continuous and unbroken chain linking the accused to the murder of the deceased. The alleged confession by the accused was not taken in accordance with the legal requirements under the Evidence Act and was therefore inadmissible. The recovery of the deceased's phone was not properly linked to the accused, as the person found with the phone was not called as a witness and no call data was produced to establish communication between the accused and the deceased. There was also inconsistency in the evidence regarding the accused's whereabouts and state of sobriety on the material...

Court Disposition

acquittal

Orders

  • The accused is found not guilty and acquitted of the offence of murder contrary to section 203 of the Penal Code.
  • The accused shall be released unless otherwise lawfully held under a separate warrant.