[2013] KEHC 2029 (KLR)
The court found that the prosecution had established a prima facie case against the accused, Victor Mbote Kanyatta, based on the evidence of eyewitnesses who identified the accused as one of the persons who assaulted the deceased, and the post mortem report confirming the cause of death as head injury due to blunt...
Source-derived case information.
- Citation
- [2013] KEHC 2029 (KLR)
- Parties
- Applicant: Victor Mbote Kanyatta; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2012
- Procedural Posture
- Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
- Outcome
- accused found to have a case to answer; ordered to make his defence
- Judges
- CC Kipkorir
- Legal Topics
- Murder Trial, Prima Facie Case, Burden of Proof, Identification Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Mbote Kanyatta
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Case to Answer at Close of Prosecution's Case
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced by the prosecution is sufficient to require the accused to answer the charge of murder.
Ratio Decidendi
The court found that the prosecution had established a prima facie case against the accused, Victor Mbote Kanyatta, based on the evidence of eyewitnesses who identified the accused as one of the persons who assaulted the deceased, and the post mortem report confirming the cause of death as head injury due to blunt trauma. The court held that the evidence on record, if unchallenged, would be sufficient to warrant a conviction, and therefore the accused must be put on his defence as required by Section 306 of the Criminal Procedure Code.
Court Disposition
accused found to have a case to answer; ordered to make his defence
Orders
- The accused, Victor Mbote Kanyatta, is found to have a case to answer and is required to make his defence as per Section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 106 OF 2012
REPUBLIC………………………………………….RESPONDENT
VERSUS
VICTOR MBOTE KANYATTA…………………….. APPLICANT
RULING
The accused, Victor Mbote KanyattaaliasKangethe is facing trial for the murder of Lukas Njenga. He is alleged to have committed the offence on 10th December 2012 at Gitambaa Village, Kiambu County. He denied the charge when he was arraigned in court on 15th January 2013.
The prosecution has called a total of 6 witnesses. At the close of the prosecution’s case both the prosecution and the defence filed written submissions which they subsequently highlighted.
It is the prosecution’s case that the accused together with two other suspects not before court went to the house of the deceased on the fateful night, woke him up and beat him while all the while accusing him of having stolen a cap and a mobile phone belonging to the accused. He later succumbed to the injuries.
PW 1 (Rosemary Waceke) and PW 2 (Anastacia Muthoni Mwihaki) testified to having seen the accused beating the deceased. They stated that they knew the accused who was their village mate by the popular name ‘Kangethe’ and positively identified him as being one of the people who beat up the deceased.
A post mortem report was produced by PW 5 Dr. Johansen Oduor who testified to having conducted a post mortem on the body of the deceased and found the cause of death to be head injury due to blunt trauma.
The prosecution has urged the court to find that the accused has a case to answer. It has filed extensive submissions analyzing the evidence as presented in court through the prosecution witnesses.
The defence on its part has filed submissions urging the court to acquit the accused for want of sufficient evidence and for the discrepancies in the testimony of the prosecution witnesses.
Having carefully considered and analysed all the evidence on record as well as the submissions made by both the prosecution and the defence, I find that the prosecution has established a prima facie case to warrant putting the accused on his defence. I find the accused Victor Mbote Kanyatta has a case to answer. I require him to make his defence as per Section 306 of the Criminal Procedure Code.
Ruling delivered, dated and signed at Nairobi this 1stday of October, 2013
R. LAGAT - KORIR
JUDGE
In the presence of:
……………………………..: Court clerk
Victor Mbote Kanyatta : Accused
……………………………..: For the Accused
……………………………..: For the State