[2016] KEHC 2797 (KLR)
The court found that the prosecution's evidence, particularly the testimony of the deceased's widow and the medical evidence from the post-mortem report, was consistent and sufficient to establish that the accused assaulted the deceased, leading to his death. The evidence was adequate to make out a prima facie case,...
Source-derived case information.
- Citation
- [2016] KEHC 2797 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Makhasia Mufoyongo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2013
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence; prosecution established a prima facie case.
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Makhasia Mufoyongo
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 putting him on his defence.
- 2 Whether the evidence adduced links the accused to the death of the deceased.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimony of the deceased's widow and the medical evidence from the post-mortem report, was consistent and sufficient to establish that the accused assaulted the deceased, leading to his death. The evidence was adequate to make out a prima facie case, thereby requiring the accused to be put on his defence in accordance with the law.
Court Disposition
Accused put on his defence; prosecution established a prima facie case.
Orders
- The accused is put on his defence under section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
HIGH COURT CRIMINAL CASE NO.37 OF 2013
REPUBLIC ....................................................................................... PROSECUTOR
VERSUS
VINCENT MAKHAKASIA MUFOYONGO .............................................. ACCUSED
RULING
1. The accused, Vincent Makhasia Mafoyongo, was arraigned before this court on the information of murder contrary to section 203 as read with section 204 of the Penal code. Particulars were that on the 23rd July, 2013 at Mundulu Village, Shidodo Sub-location, Khayega Location of Kakamega East District within Kakamega County, murdered Atanas Mufoyongo Matayo.
2. The prosecution called 5 witnesses in this trial. PW1, widow to the deceased and mother to the accused told the court that she left home and went to the market to buy sugar but on returning she found the deceased having been assaulted by the accused over some dispute which she attributed to food.
PW2 was informed that the accused had attacked his father. PW3 is the doctor who conducted an autopsy on the body of the deceased on 26th July, 2013 at Kakamega Provincial General Hospital. The body had injuries at the back of left hand, a cut wound on the side of the left hand and a cut wound on the left forehead. There was bleeding in the head (skull) below the skin with swollen brain and fracture of the femur. He formed the opinion that the cause of death was pressure in the brain secondary to mixed force trauma following assault.
3. PW4 was informed of her father’s death and proceeded to their home where she confirmed that indeed her father was dead, while PW5 is the investigating officer who went to the scene where they re-arrested the accused and took the body to the mortuary.
4. There is evidence especially that of PW1 that it was the accused who assaulted the deceased. Then evidence of PW3, the doctor is consistent with the evidence of assault since the cause of death was due to trauma following assault. From that evidence, I find that the prosecution has made out a prima facie case to require the accused to defend himself. For that reason I find that there is sufficient evidence to put the accused on his defence and I proceed to do so.
Dated and delivered at Kakamega this 20th day of September, 2016.
E.C. MWITA
JUDGE