[2016] KEHC 284 (KLR)
The court found that none of the prosecution witnesses adduced any evidence implicating the 2nd Accused, Richard Nyambu Mwandoe, in the murder of the deceased. The investigating officer (PW 6) was categorical that the 2nd Accused should not have been charged. The prosecution conceded that there was no evidence...
Source-derived case information.
- Citation
- [2016] KEHC 284 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Maganga Mwasighwa; Defendant: Richard Nyambu Mwandoe; Defendant: Doncia Wakesho Mghanda
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2015
- Procedural Posture
- Criminal Case / Ruling on No Case to Answer for 2nd Accused
- Outcome
- 2nd Accused found not guilty and acquitted; immediate release ordered.
- Judges
- CM Kamau
- Legal Topics
- Murder Charge, No Case to Answer, Criminal Procedure, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Maganga Mwasighwa
Defendant
Richard Nyambu Mwandoe
Defendant
Doncia Wakesho Mghanda
Defendant
Procedural Posture
Criminal Case / Ruling on No Case to Answer for 2nd Accused
Legal Issues
- 1 Whether the prosecution adduced any evidence linking the 2nd Accused to the murder of the deceased.
- 2 Whether the 2nd Accused should be acquitted under Section 306(1) of the Criminal Procedure Code.
Ratio Decidendi
The court found that none of the prosecution witnesses adduced any evidence implicating the 2nd Accused, Richard Nyambu Mwandoe, in the murder of the deceased. The investigating officer (PW 6) was categorical that the 2nd Accused should not have been charged. The prosecution conceded that there was no evidence linking the 2nd Accused to the offence. Accordingly, under Section 306(1) of the Criminal Procedure Code, the court recorded a finding of not guilty and ordered the immediate release of the 2nd Accused unless held for another lawful cause.
Court Disposition
2nd Accused found not guilty and acquitted; immediate release ordered.
Orders
- The 2nd Accused, Richard Nyambu Mwandoe, is found not guilty under Section 306(1) of the Criminal Procedure Code.
- The 2nd Accused shall be released forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CRIMINAL CASE NO 6 OF 2015
REPUBLIC
VERSUS
VINCENT MAGANGA MWASIGHWA…..……1ST ACCUSED
RICHARD NYAMBU MWANDOE……………2ND ACCUSED
DONCIA WAKESHO MGHANDA……...…….3RD ACCUSED
RULING
1. I note that Doncia Wakesho Mghanda, the 3rd Accused person is not present in court. However, both the 1st and 2nd Accused persons are present. It is noteworthy that Richard Nyambu Mwandoe, the 2nd Accused person has not been mentioned anywhere in the proceedings. The 2nd Accused was arrested while he was in the company of the 1st Accused person as they attended the deceased’s funeral.
2. It was evident from the evidence of No 40936 Sergeant Stephen Samkuli, the Investigation Officer in this matter (hereinafter referred to as PW 6) that the 2nd Accused person had been Accused of murder but that in his view, the 2nd Accused person should not have been charged with the deceased’s murder.
3. In the circumstances, I was of the view that there would be no need to continue keeping the 2nd Accused person in custody as none of the witnesses adduced evidence against him and PW 6 was categorical that he ought not to have been charged with the deceased’s murder.
4. I have perused the Written Submissions by the Accused persons dated and filed on 29th November 2016 and those of the State dated 13th December 2016 and filed on 14th December 2016 and noted that the prosecution did infact concede that nothing was found to link the 2nd Accused person to the commission of the offence he had been charged with.
5. Having listened to the evidence by the Prosecution Witnesses and found that no evidence was adduced to prove that the 2nd Accused person was involved in any way with the deceased’s murder, I hereby record a finding of “Not Guilty” against the 2nd Accused person in accordance with Section 306(1) of Criminal Procedure Code Cap 75(Laws of Kenya).
6. I hereby direct that he be released forthwith unless he be held for any other lawful cause.
7. As the 3rd Accused person is not present, I hereby direct that the Ruling on whether or not there is a case to answer by her and 1st Accused person shall now be delivered on 15th December 2017 at 9. 00 am.
8. Orders accordingly.
DATED and DELIVERED at VOI this 15th day of December 2016
J. KAMAU
JUDGE
In the presence of:-
Miss Anyumba…………….…….. for State
Richard Nyambu Mwandoe……. Accused person
Josephat Mavu– Court Clerk