[2020] KEHC 3937 (KLR)
The court found that the prosecution established a prima facie case against Stephen Kinyua Ikiao (A1), as evidence showed he was present and involved in the acts leading to the deaths of the deceased children, including their being stripped, kicked, whipped, and having stinging nettle and soil stuffed into their...
Source-derived case information.
- Citation
- [2020] KEHC 3937 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Kinyua Ikiao; Defendant: Rahab Kananu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2018
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer
- Outcome
- A2 acquitted; A1 placed on defence.
- Legal Topics
- Murder, Prima Facie Case, Criminal Liability, Acquittal, Criminal Procedure, Joint Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Kinyua Ikiao
Defendant
Rahab Kananu
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer
Legal Issues
- 1 Whether the prosecution established a prima facie case against each accused person to warrant being placed on their defence.
- 2 Whether Rahab Kananu (A2) can be held criminally liable for the actions of the Assistant Chief and vigilantes resulting in the deaths of the deceased children.
Ratio Decidendi
The court found that the prosecution established a prima facie case against Stephen Kinyua Ikiao (A1), as evidence showed he was present and involved in the acts leading to the deaths of the deceased children, including their being stripped, kicked, whipped, and having stinging nettle and soil stuffed into their mouths. Accordingly, A1 was placed on his defence. In contrast, the evidence against Rahab Kananu (A2) only established that she reported a theft and was present at the scene, but did not participate in or direct the fatal assault. The actual infliction of fatal injuries was carried out by the Assistant Chief and vigilantes, who acted independently. The court held that A2 could...
Court Disposition
A2 acquitted; A1 placed on defence.
Orders
- Rahab Kananu (A2) is acquitted under Section 306(1) of the Criminal Procedure Code.
- Stephen Kinyua Ikiao (A1) is placed on his defence under Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA
AT MERU
CRIMINAL CASE NO.20 OF 2018
REPUBLIC...................................................................................PROSECUTION
VERSUS
STEPHEN KINYUA.....................................................................1ST ACCUSED
RAHAB KANANU........................................................................2ND ACCUSED
RULING
1. Stephen Kinyua Ikiao and Rahab Kananu were jointly charged with the offence of murder in 2 counts contrary to section 203 as read with section 204 of the penal code.
2. Particulars are that the accused persons on 30th day of November 2012 at Kabari village, Mbaranga location within Tigania East subcounty within Meru County jointly with others not before court murdered Geoffrey Mutuma.
3. In Count II the particulars were that the accused person on 30th day of November 2012 at Kabari village Mbaranga Location within Tigania East subcounty within Meru County jointly with others not before court murdered Alex Munene.
4. The prosecution called 6 witnesses to support their case. In consideration of the prosecution evidence and in consideration of the submissions by defence counsel this court finds that a prima facie case has been established against Stephen Kinyua Kiao, A1 in whose presence the deceased children were stripped naked, kicked and whipped using stinging nettle some of which were stuffed into their mouth with soil. This court therefore finds that A1 has a case to answer and is placed on defence.
5. As for A2 evidence adduced shows that she reported that her money had been stolen from the house and suspected the deceased children jointly with PW1 who had earlier in the day gone to fetch water from her home. In company of Gaturuku and Mukia went at night to get the 3 children but when she reached her home she entered the house as the Assistant chiefs, Youth wingers/vigilantes retreated some distance away and started torturing the children and inflicted fatal injuries. The Assitant chief authority is to protect the rule of law and not to use it as a means to get information from persons in his custody. A2 cant be blamed for what Assistant chief and his youths did as they are adults and were responsible for their actions.
6. This court therefore finds that A2 has no case to answer and she is acquitted under Section 306 (1) of the Criminal Procedure Code.
7. A1 is placed on defence under section 306 (2) of Criminal Procedure code.
HON.ANNE ADWERA ONG’INJO
JUDGE
DATED AND DELIVERED VIA MICROSOFT TEAM AT MERU ON THIS 30TH DAY OF JULY 2020.
HON.ANNE ADWERA ONG’INJO
JUDGE
In the presence of:-
Mr Muriuki Advocate for accused
Ms Mbithe for state
Accused 1 - In Counsel Chambers
Accused 2 -
Mr Kinoti – Court Assistant
HON.ANNE ADWERA ONG’INJO
JUDGE