[2019] KEHC 5449 (KLR)
The court found that the prosecution's evidence, though largely circumstantial and based on a dying declaration, was sufficient to establish a prima facie case against the accused. The court relied on the legal standard set out in Bhatt v Republic and R v Kipkering arap Koske, holding that the evidence presented,...
Source-derived case information.
- Citation
- [2019] KEHC 5449 (KLR)
- Parties
- Respondent: Republic; Defendant: Stephen Mwangi Gachiri
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2014
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- accused placed on his defence
- Judges
- K Kimondo
- Legal Topics
- Murder, Circumstantial Evidence, Dying Declaration, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Stephen Mwangi Gachiri
Defendant
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
- 2 Whether the evidence, including circumstantial evidence and a dying declaration, is sufficient at this stage to link the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, though largely circumstantial and based on a dying declaration, was sufficient to establish a prima facie case against the accused. The court relied on the legal standard set out in Bhatt v Republic and R v Kipkering arap Koske, holding that the evidence presented, including the deceased's statement to the police and the pathologist's findings, required the accused to be put on his defence. The court rejected the defence's argument that the evidence was insufficient, noting that the absence of direct eyewitness testimony did not preclude a finding of a prima facie case at this stage. Accordingly, the accused was placed on his defence under...
Court Disposition
accused placed on his defence
Orders
- The accused is placed on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 4 OF 2014
REPUBLIC.....................................PROSECUTOR
VERSUS
STEPHEN MWANGI GACHIRI.........ACCUSED
RULING
1. The accused is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The particulars are that on 25th December 2013 at Kangondu village, Kigumo Location within Murang’a County, jointly with others not before the court, he murdered Joseph Kamande Gachiri.
3. He pleaded notguilty. The prosecution lined up eightwitnesses. The prosecution’s case is largely built on circumstantial evidence and a dying declaration.
4. The accused is a nephew of the deceased. According to Police Constable Ochieng (PW6), on 25th December 2013 at about 14:55 hours, the deceased found him at the Report Desk at Kigumo Police Station. He was bleeding from the head. He told him he had been assaulted by three people including the accused. PW6 advised the deceased to seek treatment. PW6 later learnt that the deceased died at Murang’a Hospital.
5. According to the area chief (PW7) a report was made on 26th December 2013 by Peter Kagwi (PW3) and Kamande Kariuki that the deceased was injured in a road traffic accident. However, the investigating officer (PW8) said that whereas there was a trail of blood running from the middle of the road, there were no skid marks or evidence of an impact with a vehicle.
6. I have also paid heed to the evidence of the pathologist (PW5). The cause of death was head injury from a blunt object.
7. Applying the test in Bhatt v Republic [1957] E.A. 332 and R v Kipkering arap Koske & another16 EACA 135 (1949) I find that the Republic has established a prima facie case.
8. Accordingly, under the provisions of section 306 (2) of the Criminal Procedure Code, I place the accused on his defence.
It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 25th day of July 2019.
KANYI KIMONDO
JUDGE
Ruling read in open court in the presence of-
Accused.
Mr. Kirubi for the accused.
Ms. Gichuru for the Republic.
Ms. Dorcas and Ms. Elizabeth, Court Clerks.