[2025] KEHC 9817 (KLR)

[2025] KEHC 9817 (KLR)

The court found that while the death of the deceased was established and the cause of death was unlawful, the prosecution's case rested entirely on circumstantial evidence, with no eyewitnesses or direct evidence linking the accused to the murder. The court held that the circumstantial evidence, including call data...

Source-derived case information.

Citation
[2025] KEHC 9817 (KLR)
Parties
Applicant: Republic; Defendant: Victor Macharia Wanjiku
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 July 2025
Case Number
Criminal Case 23 of 2020
Procedural Posture
Criminal Case / Ruling on Whether Accused Has a Case to Answer (section 306(1) Criminal Procedure Code)
Outcome
acquittal
Judges
K Kimondo
Legal Topics
Murder, Circumstantial Evidence, Standard of Proof, Actus Reus, Malice Aforethought
Source Language
english
Criminal Law Murder Circumstantial Evidence Standard of Proof Actus Reus Malice Aforethought

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Parties

Republic

Applicant

Victor Macharia Wanjiku

Defendant

Procedural Posture

Criminal Case / Ruling on Whether Accused Has a Case to Answer (section 306(1) Criminal Procedure Code)

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case to require the accused to be put on his defence for the offence of murder.
  2. 2 Whether the circumstantial evidence adduced is sufficient to link the accused to the murder beyond reasonable doubt.
  3. 3 Whether the prosecution has proved the elements of murder: death, unlawful act, and malice aforethought.

Ratio Decidendi

The court found that while the death of the deceased was established and the cause of death was unlawful, the prosecution's case rested entirely on circumstantial evidence, with no eyewitnesses or direct evidence linking the accused to the murder. The court held that the circumstantial evidence, including call data and the accused's statements, was insufficient to prove beyond reasonable doubt that the accused was the last person seen with the deceased or that he committed the unlawful act with malice aforethought. The prosecution failed to establish both actus reus and mens rea for murder. Consequently, the court concluded that a prima facie case had not been made out to require the...

Court Disposition

acquittal

Orders

  • The accused is found not guilty under section 306(1) of the Criminal Procedure Code.
  • The accused is hereby acquitted.